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Calendar No. 506
115th Congress } { Report
SENATE
2d Session } { 115-293
_______________________________________________________________________
NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2202
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 10, 2018.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
79-010 WASHINGTON : 2018
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fifteenth congress
second session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada TOM UDALL, New Mexico
JAMES M. INHOFE, Oklahoma GARY C. PETERS, Michigan
MIKE LEE, Utah TAMMY BALDWIN, Wisconsin
RON JOHNSON, Wisconsin TAMMY DUCKWORTH, Illinois
SHELLEY MOORE CAPITO, West Virginia MARGARETWOODHASSAN,NewHampshire
CORY GARDNER, Colorado CATHERINE CORTEZ MASTO, Nevada
TODD C. YOUNG, Indiana JON TESTER, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Calendar No. 506
115th Congress } { Report
SENATE
2d Session } { 115-293
======================================================================
NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT
_______
July 10, 2018.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 2202]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2202) to amend title 49, United
States Code, to authorize appropriations for the National
Transportation Safety Board, and for other purposes, having
considered the same, reports favorably thereon with an
amendment (in the nature of a substitute) and recommends that
the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 2202 is to do the following: authorize
the National Transportation Safety Board (NTSB) at sufficient
funding levels; increase the transparency of the NTSB's safety
recommendations and Most Wanted List; enhance certain NTSB
investigation authorities; and improve the NTSB's operations.
Background and Needs
The NTSB is an independent Federal agency that investigates
and determines the probable cause of all civil aviation
accidents and certain significant rail, highway, marine, and
pipeline accidents. The NTSB often issues safety
recommendations to accompany its investigation reports. The
NTSB has five Members, each nominated by the President and
confirmed by the Senate to 5-year terms, and Members may serve
on the NTSB until reconfirmed or replaced.\1\ The NTSB has a
Chairman and a Vice Chairman, each with a 2-year term of
office.\2\ The NTSB has about 420 full-time employees.\3\
Congress last reauthorized the NTSB for 2 years, from fiscal
year (FY) 2006 through FY 2008.\4\
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\1\49 U.S.C. Sec. 1111(b) and (c).
\2\49 U.S.C. Sec. 1111(d).
\3\The National Transportation Safety Board (NTSB), ``Fiscal Year
2017 Budget Request,'' 2016.
---------------------------------------------------------------------------
In addition to conducting accident investigations and
issuing safety recommendations, the NTSB voluntarily publishes
its ``Most Wanted List,'' which highlights safety improvements
sought by the NTSB. In recent years, the Most Wanted List has
been published biennially and has been composed of groups of
safety recommendations categorized by issue area.\5\ The NTSB
most recently released its 2017-2018 Most Wanted List, which
seeks, among other things, to end alcohol and other drug
impairment in transportation, expand recorder use to enhance
safety, and improve rail transit safety oversight.\6\
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\4\P.L. 109-443, 120 Stat. 3297.
\5\NTSB, ``NTSB Most Wanted Transportation Safety Improvements,''
2015, Washington, DC.
\6\NTSB, ``NTSB Most Wanted Transportation Safety Improvements,''
2017-2018, Washington, DC.
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The NTSB's investigations and safety recommendations offer
continued improvement of transportation safety for the public.
The NTSB is not a regulatory agency. So while the NTSB's safety
recommendations, regardless of their inclusion on the Most
Wanted List, are not binding, it typically aims to address
safety issues by influencing Congress, other governmental
agencies, private entities, and the public. The NTSB is
currently not required to disclose its methodology detailing
the process and information underlying the selection of each
recommendation. In some cases, there may be questions about
whether the NTSB considered external information, such as
studies and reports detailing safety benefits and other
effects, in making recommendations. Further, there may not be
information provided on any alternatives that the NTSB
considered prior to selecting its final recommendations or any
examples where the recommended action has been implemented.
Additionally, under current law, the NTSB may not release
recordings, or transcripts of certain oral communications, from
voice or video recorders present during an accident, unless
such information is released in written form and as part of a
public hearing or docket. In some cases, the NTSB may not be
able to provide key visual information relevant to the accident
findings or safety recommendations. Further, with the
increasingly voluminous data involved in investigations, the
NTSB faces intensified questions regarding the sharing of
confidential information, such as whether other agencies that
receive information from the NTSB may disclose that
information. Moreover, NTSB Members currently may only meet
publicly, limiting their ability to collaborate. Given such
issues, the Committee has identified a need to enhance certain
NTSB investigation and operational authorities in order to
further enable the NTSB to address pressing safety challenges,
as appropriate.
Finally, current law requires the NTSB to provide
assistance to the families of victims involved in aircraft
accidents resulting in a major loss of life. The Committee has
identified a need to expand this and other related protections
to provide greater assistance to victims' families.
Summary of Provisions
If enacted, S. 2202 would do the following:
Authorize appropriations for the NTSB from
FY 2019 through FY 2023.
Increase transparency by requiring the NTSB
to disclose methodology detailing the process and
information underlying the selection of safety
recommendations. The bill also would require the NTSB
to publish a report on the process it uses to
prioritize and select safety recommendations included
in the Most Wanted List.
Enhance certain NTSB investigation
authorities by including still images among the items
the NTSB may disclose under certain circumstances in
the course of an investigation, adding to existing law
regarding the disclosure of transcripts and written
depictions of visual information. To encourage greater
cooperation during NTSB investigations without
compromising safety, the bill would broaden the
definition of confidential information the NTSB must
protect from disclosure and prevent Federal agencies
from disclosing confidential information they receive
from the NTSB.
Improve the NTSB's operations by providing
the NTSB with the ability to hold certain nonpublic
meetings with safeguards requiring the public
disclosure of the matters discussed. The bill also
would include a provision that enhances the services
provided by the NTSB to families of passengers involved
in aircraft accidents. This provision also was included
in
S. 1405, the Federal Aviation Administration
Reauthorization Act of 2017, which was approved by the
Committee on June 29, 2017. Finally, to improve
continuity of NTSB leadership, the bill would lengthen
the terms of the NTSB Chairman and Vice Chairman to 3
years each (from 2 years under existing law).
Legislative History
On June 8, 2017, the Committee held a hearing on the
nomination of Robert Sumwalt to be a Member of the NTSB. On
June 29, 2017, the Committee unanimously approved the
nomination of Mr. Sumwalt to be a Member, and, on August 2,
2017, the Committee unanimously approved Mr. Sumwalt for the
position of Chairman of the NTSB. On August 3, 2017, the Senate
confirmed Mr. Sumwalt to the position of Chairman.
On October 31, 2017, the Committee held a hearing on the
nomination of Bruce Landsberg to be a Member of the NTSB. On
November 8, 2017, the Committee approved, by voice vote, Mr.
Landsberg to be a Member, with six Committee members (Senators
Cantwell, Blumenthal, Schatz, Booker, Duckworth, and Hassan)
requesting to be recorded as ``no'' votes on his nomination.
On May 16, 2018, the Committee held a hearing on the
nomination of Jennifer Homendy to be a Member of the NTSB. On
May 22, 2018, the Committee approved, by voice vote, Ms.
Homendy to be a Member.
As of July 9, 2018, the nominations of Mr. Landsberg and
Ms. Homendy were still pending on the Senate floor. At the
nomination hearings, issues facing the NTSB were discussed.
S. 2202 was introduced on December 6, 2017, by Mr. Thune
(for himself and Senators Blunt, Booker, Fischer, and Nelson)
and was referred to the Committee on Commerce, Science, and
Transportation of the Senate. Senator Cantwell also cosponsored
this bill. On December 13, 2017, the Committee met in open
Executive Session and, by voice vote, ordered S. 2202 reported
favorably with an amendment (in the nature of a substitute).
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 2202--National Transportation Safety Board Reauthorization Act
S. 2202 would authorize appropriations totaling $452
million over the 2019-2022 period (and $115 million in 2023)
for the National Transportation Safety Board (NTSB). (By
comparison, the Congress provided $106 million for the NTSB in
2017.) That agency is responsible for investigating significant
accidents that occur in civil aviation and other modes of
surface, rail, and waterborne transportation and for
recommending safety measures for preventing future accidents.
As shown in the following table, and based on historical
spending patterns, CBO estimates that implementing the bill
would cost $427 million over the 2019-2022 period and an
additional $138 million after 2022, assuming appropriation of
the authorized amounts.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2018 2019 2020 2021 2022 2018-2022
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level..................................... 0 111 112 113 114 452
Estimated Outlays....................................... 0 94 106 113 114 427
----------------------------------------------------------------------------------------------------------------
Numbers may not add up to totals because of rounding; the bill also would authorize appropriations of $115
million in 2023 for the National Transportation Safety Board.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting S. 2202 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
S. 2022 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA).
The bill would impose a private-sector mandate by requiring
air carriers to provide notification and support services to
the families of people killed in air accidents. Current law
requires air carriers to provide services when there is a major
loss of life. According to the NTSB, most air carriers already
provide such services in the event of non-major accidents.
Therefore, CBO estimates that the incremental cost of the
mandate would be minimal and would fall well below the
threshold for private-sector mandates established in UMRA ($156
million in 2017, adjusted annually for inflation).
The CBO staff contacts for this estimate are Megan Carroll
(for federal costs) and Jon Sperl (for mandates). The estimate
was approved by H. Samuel Papenfuss, Deputy Assistant Director
for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
S. 2202, as reported, would not create any new programs or
impose any new regulatory requirements and therefore would not
subject any individuals or businesses to new regulations.
economic impact
S. 2202, as reported, is not expected to have a negative
impact on the Nation's economy.
privacy
S. 2202, as reported, is not expected to have an adverse
impact on the personal privacy of individuals. The bill would
allow the NTSB to release certain still images obtained from
video recordings, but the bill would require the NTSB to take
action as appropriate to protect from public disclosure any
information that readily identifies an individual, including a
decedent, in such still images.
paperwork
S. 2202, as reported, would only incrementally affect
paperwork requirements for the NTSB. Section 7, as described
further below, would require the NTSB to submit a report to
Congress explaining its methodology used to prioritize and
select recommendations included on the Most Wanted List.
Additionally, section 8 would require the NTSB to include in
investigative reports in which the NTSB issues a recommendation
a methodology section detailing the process and information
underlying the selection of each recommendation. The section
would also expand reports that the NTSB is already producing.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title; table of contents; references.
This section would provide that the bill may be cited as
the ``National Transportation Safety Board Reauthorization
Act.'' This section also would provide a table of contents for
the bill.
Section 2. Definitions.
This section would define the terms ``Board,''
``Chairman,'' and ``Most Wanted List.''
Section 3. Authorization of appropriations.
This section would authorize appropriations for the NTSB
for FYs 2019 through 2023. The NTSB was funded for FY 2017 at
$106 million and the Transportation, Housing, & Urban
Development Subcommittee of the Appropriations Committee of the
Senate approved $110.4 million for FY 2018.\7\ This bill would
authorize $111.4 million in FY 2019, with $1 million increases
in authorized funding for each FY until FY 2023. The levels
authorize sufficient funding to carry out successfully the
requirements of this bill.
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\7\ P.L. 115-31, 131 Stat. 135.
---------------------------------------------------------------------------
Section 4. Still images.
This section would add authority for the NTSB to include
any still image obtained from a video recorder as information
that may be disclosed by the NTSB through a public hearing or
docket if it determines that such information is relevant to
the accident, except that the NTSB must take action as
appropriate to protect from public disclosure any information
that readily identifies an individual, including a decedent,
and that any disclosure must comply with generally applicable
restrictions on sharing confidential information.
The term ``readily identifies'' is included to ensure that
the NTSB would conceal the identity of any individual shown in
a still image that it discloses by, for example, blurring the
individual's facial or other identifiable features. Like the
NTSB's current authority for transcripts and written depictions
of visual information, the bill would allow the NTSB to release
still images from both cockpit and surface vehicle recordings.
This section of the bill also would make other conforming and
technical changes for consistency in discovery proceedings.
Section 5. Information sharing.
This section would expand the protection of confidential
information beyond trade secrets to include all of the
confidential information in section 1905 of title 18, United
States Code, thereby providing protection for, among other
things, processes, operations, style of work, and confidential
statistical data. This section also would further limit the
sharing of confidential information, including by prohibiting
other departments, agencies, or instrumentalities of the United
States Government from publicly disclosing confidential
information provided to them by the NTSB. The intent is that
these provisions would encourage the sharing of information
with the NTSB by expanding the protection of that information.
The section would allow the NTSB, under certain
circumstances, to release confidential information to the
public only when necessary to protect health and safety. In
this instance, ``when necessary'' would mean only if there is
no other way to explain a finding, cause or probable cause, or
safety recommendation related to an accident under NTSB
investigation without the disclosure of confidential
information.\8\ If there is a circumstance in which the NTSB
cannot reasonably fulfill its duties without disclosing
confidential information, the NTSB should take such steps to
mitigate the effects of its disclosure.
---------------------------------------------------------------------------
\8\Section 1114(b)(1)(D) of title 49, United States Code, requires
the NTSB to give notice to any interested person to whom the
information is related and an opportunity for that person to comment in
writing, or orally in closed session, on the proposed disclosure, if
the delay resulting from notice and opportunity for comment would not
be detrimental to health and safety. This bill would not affect this
requirement.
---------------------------------------------------------------------------
This section would not allow for the release of information
protected from disclosure by another law of the United States
and is not intended to expand, in any way, the authority of the
NTSB or any other department, agency, or instrumentality of the
United States Government to share or disclose confidential
information.
Section 6. Electronic records.
This section would clarify that an electronic record is
included in the definition of a record that the NTSB may
inspect during reasonable hours.
Section 7. Report on Most Wanted List methodology.
This section would require the NTSB to submit a report to
Congress explaining its methodology used to prioritize and
select recommendations included on the Most Wanted List.
Specifically, the NTSB would be required to include in its
report a detailed description of the following: how the NTSB
accounts for risk to safety in each of its recommendations; the
extent to which the NTSB considers past investigative findings,
safety recommendations, or other safety actions; and any
processes used to engage in internal or external coordination
and consultation.
In discussing how the NTSB accounts for risk to safety, the
report would be required to address in detail four key areas.
First, the report would be required to specifically describe
any types of data or information, such as any risk assessments,
case studies, academic publications, or other relevant
evidence, that the NTSB considers in quantifying the amount and
probability of risk to safety posed by a particular issue or
action. Second, the report would be required to detail the
extent to which, in prioritizing and selecting safety
recommendations, the NTSB considers the reduction of risk to
safety, including any potential quantification of such risk,
estimated over a period of time, by implementing a particular
safety recommendation. Third, the report would detail the
extent to which the NTSB considers the practicality and
feasibility of implementing any given safety recommendation.
Practicality and feasibility considerations should include,
among other things, whether a safety recommendation is
technologically feasible or overly burdensome. Fourth, the
report would detail the extent to which the NTSB considers any
alternative approaches prior to prioritizing and selecting its
final safety recommendations.
Finally, this section also would require the Government
Accountability Office (GAO) to examine and evaluate the above-
described report. The GAO's review would evaluate the extent to
which the NTSB effectively utilized best practices and rigorous
analysis, accounted for practicality and feasibility
considerations, considered alternative risk reduction actions,
and coordinated and consulted in prioritizing and selecting
safety recommendation for its Most Wanted List.
This section would not require the NTSB to publish a Most
Wanted List. However, it would apply to the next Most Wanted
List that the NTSB chooses to publish after the date of
enactment of this bill.
Section 8. Methodology sections.
This section would require the NTSB to include in
investigative reports, in which the NTSB issues a
recommendation, a methodology section detailing the process and
information underlying the selection of each recommendation.
First, for each safety recommendation, this section would
require the NTSB to summarize briefly information collected
from the relevant accident investigation. This section also
would require the NTSB to describe its use of external
information, including studies, reports, and experts, other
than the findings of an accident investigation, to inform or
support the recommendation, including a brief summary of
specific safety benefits and other effects identified by each
study, report, or expert, such as all other identified effects
included in risk assessments, case studies, academic
publications, or other evidence relevant to each
recommendation. Third, the section would require a brief
summary of any alternative actions considered. Finally, the
section would require the NTSB to enumerate any examples of
where actions consistent with the recommendation have already
been implemented.
This section is intended to ensure the transparent sharing
of information used to support the NTSB's safety
recommendations. This section would not require the NTSB to
perform a level of analysis akin to the requirements under
Office of Management and Budget Circular A-4, covering
regulatory analyses by many Federal regulatory agencies.
However, this section would ensure that the NTSB describes any
external information (including such analyses already
available), alternatives, and examples the agency considered.
Providing such information in a consolidated and accessible
manner is important given the aim of the NTSB's safety
recommendations to influence regulatory agencies, policymakers,
and private entities.
The requirement for a methodology section would not apply
if the recommendation is only for a person to disseminate
information on an existing agency best practices document or on
an existing regulatory requirement. Further, the NTSB should
not delay the publication of the findings, cause, or probable
cause of an NTSB investigation or the issuance of an urgent
recommendation that the NTSB has determined must be issued to
avoid immediate loss, death, or injury.
Section 9. Multi-modal accident database management system.
This section would require the NTSB, not later than 1 year
after the date of enactment of this bill, to establish and
maintain a secure multi-modal accident database system for NTSB
investigators. The purpose of this database would be to improve
the NTSB's quality of accident data made available to the
public and the selection of future significant accidents for
investigation. A similar database already exists for aviation
accidents.
Section 10. Addressing the needs of families of individuals involved in
accidents.
This section would expand requirements for the NTSB to
provide services to families of passengers involved in aircraft
accidents that the NTSB investigates. Currently, the
requirement applies to such accidents with a major loss of
life; this section would apply the existing requirements to
such accidents with any loss of life. Substantively similar
versions of these provisions were included in the Committee-
passed version of the Federal Aviation Administration
Reauthorization Act of 2017.
Section 11. Government Accountability Office report on investigation
launch decision-making processes.
This section would require the GAO to evaluate and audit,
as determined necessary by the Comptroller General or the
appropriate congressional committees, the process and
procedures the NTSB uses to select accidents to investigate.
This section would add to other existing requirements for the
GAO to evaluate and audit the NTSB to promote economy,
efficiency, and effectiveness in the administration of the
programs, operations, and activities of the NTSB.
Section 12. Periodic review of safety recommendations.
This section would require the NTSB to conduct a review,
every 5 years, of its previously issued recommendations. This
section would require the NTSB, prior to conducting this
review, to solicit public suggestions every 5 years as to
whether any of the NTSB's recommendations should be updated,
closed, or reissued. The NTSB would then be required to review
each suggestion and the accompanying justification for the
suggestion from the public and assess whether the
recommendation is outmoded, unclear, or unnecessary; is
ineffective or insufficient; or should be reissued. The section
would require the NTSB to make a determination as to the
appropriate action following each assessment. The NTSB would be
required to submit a report to Congress after each review. This
process is intended to institutionalize continuous improvement
of the NTSB's recommendations, including by factoring in
technological advances, changed circumstances, and other
information of which the NTSB may not have been aware at the
time it issued a recommendation.
Section 13. General organization.
This section also would allow for limited instances in
which a majority of NTSB Members can communicate without
requiring a full public meeting. During such communications, no
vote may be taken, the NTSB General Counsel must be present,
and only NTSB Members or staff may attend. In addition, the
NTSB would be required to disclose meeting topics and
participants within 2 business days of the meeting. This
section also would require the NTSB to provide a summary with
as much general information as possible on any sensitive matter
withheld from the public based on current law. The Surface
Transportation Board has similar authority regarding nonpublic
collaborative discussions.\9\
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\9\P.L. 114-110, 129 Stat. 2228.
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This section also would lengthen the terms of the Chairman
and Vice Chairman from 2 years to 3 years in order to create
more continuity in NTSB leadership. This section would
eliminate the requirement that the NTSB maintain an employee in
every State located more than 1,000 miles from a regional
office. Finally, this section would allow the NTSB to acquire
unmanned aircraft systems for the purpose of aiding in NTSB
investigations. This allowance is intended to reduce costs for
the NTSB, which is currently leasing such a system.
Section 14. Technical and conforming amendments.
This section would clarify the term ``public aircraft''
because the current definition references the wrong paragraph
of existing law. This section would make other technical
corrections.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
TITLE 49. TRANSPORTATION
SUBTITLE II. OTHER GOVERNMENT AGENCIES
CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD
SUBCHAPTER II. ORGANIZATION AND ADMINISTRATIVE
Sec. 1111. General organization
(a) Organization.--The National Transportation Safety Board
is an independent establishment of the United States
Government.
(b) Appointment of Members.--The Board is composed of 5
members appointed by the President, by and with the advice and
consent of the Senate. Not more than 3 members may be appointed
from the same political party. At least 3 members shall be
appointed on the basis of technical qualification, professional
standing, and demonstrated knowledge in accident
reconstruction, safety engineering, human factors,
transportation safety, or transportation regulation.
(c) Terms of Office and Removal.--The term of office of each
member is 5 years. An individual appointed to fill a vacancy
occurring before the expiration of the term for which the
predecessor of that individual was appointed, is appointed for
the remainder of that term. When the term of office of a member
ends, the member may continue to serve until a successor is
appointed and qualified. The President may remove a member for
inefficiency, neglect of duty, or malfeasance in office.
(d) Chairman and Vice Chairman.--The President shall
designate, by and with the advice and consent of the Senate, a
Chairman of the Board. The President also shall designate a
Vice Chairman of the Board. The terms of office of both the
Chairman and Vice Chairman are [2 years] 3 years. When the
Chairman is absent or unable to serve or when the position of
Chairman is vacant, the Vice Chairman acts as Chairman.
(e) * * *
(k) Open Meetings.--
(1) In general.--The Board shall be deemed to be an
agency for purposes of section 552b of title 5.
(2) Nonpublic collaborative discussions.--
(A) In general.--Notwithstanding section 552b
of title 5, a majority of the members may hold
a meeting that is not open to public
observation to discuss official agency business
if--
(i) no formal or informal vote or
other official agency action is taken
at the meeting;
(ii) each individual present at the
meeting is a member or an employee of
the Board; and
(iii) the General Counsel of the
Board is present at the meeting.
(B) Disclosure of nonpublic collaborative
discussions.--Except as provided under
subparagraph (C), not later than 2 business
days after the conclusion of a meeting under
subparagraph (A), the Board shall make
available to the public, in a place easily
accessible to the public--
(i) a list of the individuals present
at the meeting; and
(ii) a summary of the matters
discussed at the meeting, except for
any matter the Board properly
determines may be withheld from the
public under section 552b(c) of title
5.
(C) Summary.--If the Board properly
determines a matter may be withheld from the
public under section 552b(c) of title 5, the
Board shall provide a summary with as much
general information as possible on each matter
withheld from the public.
(D) Preservation of open meetings
requirements for agency action.--Nothing in
this paragraph may be construed to limit the
applicability of section 552b of title 5 with
respect to a meeting of the members other than
that described in this paragraph.
(E) Statutory construction.--Nothing in this
paragraph may be construed--
(i) to limit the applicability of
section 552b of title 5 with respect to
any information which is proposed to be
withheld from the public under
subparagraph (B)(ii); or
(ii) to authorize the Board to
withhold from any individual any record
that is accessible to that individual
under section 552a of title 5.
Sec. 1113. Administrative
(a) General Authority.--
(1) The National Transportation Safety Board, and
when authorized by it, a member of the Board, an
administrative law judge employed by or assigned to the
Board, or an officer or employee designated by the
Chairman of the Board, may conduct hearings to carry
out this chapter, administer oaths, and require, by
subpoena or otherwise, necessary witnesses and
evidence.
(2) A witness or evidence in a hearing under
paragraph (1) of this subsection may be summoned or
required to be produced from any place in the United
States to the designated place of the hearing. A
witness summoned under this subsection is entitled to
the same fee and mileage the witness would have been
paid in a court of the United States.
(3) A subpoena shall be issued under the signature of
the Chairman or the Chairman's delegate but may be
served by any person designated by the Chairman.
(4) If a person disobeys a subpoena, order, or
inspection notice of the Board, the Board may bring a
civil action in a district court of the United States
to enforce the subpoena, order, or notice. An action
under this paragraph may be brought in the judicial
district in which the person against whom the action is
brought resides, is found, or does business. The court
may punish a failure to obey an order of the court to
comply with the subpoena, order, or notice as a
contempt of court.
(b) Additional Powers.--
(1) The Board may--
(A) procure the temporary or intermittent
services of experts or consultants under
section 3109 of title 5;
(B) make agreements and other transactions
necessary to carry out this chapter without
regard to section 6101(b) to (d) of title 41;
(C) use, when appropriate, available
services, equipment, personnel, and facilities
of a department, agency, or instrumentality of
the United States Government on a reimbursable
or other basis;
(D) confer with employees and use services,
records, and facilities of State and local
governmental authorities;
(E) appoint advisory committees composed of
qualified private citizens and officials of the
Government and State and local governments as
appropriate;
(F) accept voluntary and uncompensated
services notwithstanding another law;
(G) accept gifts of money and other property;
(H) make contracts with nonprofit entities to
carry out studies related to duties and powers
of the Board; [and]
(I) negotiate and enter into agreements with
individuals and private entities and
departments, agencies, and instrumentalities of
the Government, State and local governments,
and governments of foreign countries for the
provision of facilities, accident-related and
technical services or training in accident
investigation theory and techniques, and
require that such entities provide appropriate
consideration for the reasonable costs of any
facilities, goods, services, or training
provided by the Board[.]; and
(J) acquire, for investigation purposes under
this chapter, small unmanned aircraft systems
that weigh less than 55 pounds, notwithstanding
any other law, including regulations and
policies.
(2) The Board shall deposit in the Treasury amounts
received under paragraph (1)(I) of this subsection to
be credited as offsetting collections to the
appropriation of the Board. The Board shall maintain an
annual record of collections received under paragraph
(1)(I) of this subsection.
(c) * * *
[(h) Investigative Officers.--The Board shall maintain at
least 1 full-time employee in each State located more than
1,000 miles from the nearest Board regional office to provide
initial investigative response to accidents the Board is
empowered to investigate under this chapter that occur in that
State.]
Sec. 1114. Disclosure, availability, and use of information
(a) General.--
(1) Except as provided in subsections (b), (c), (d),
and (f) of this section, a copy of a record,
information, or investigation submitted or received by
the National Transportation Safety Board, or a member
or employee of the Board, shall be made available to
the public on identifiable request and at reasonable
cost. This subsection does not require the release of
information described by section 552(b) of title 5 or
protected from disclosure by another law of the United
States.
(2) The Board shall deposit in the Treasury amounts
received under paragraph (1) to be credited to the
appropriation of the Board as offsetting collections.
(b) [Trade Secrets] Certain Confidential Information.--
(1) In general.--The Board may disclose [information
related to a trade secret referred to in section 1905
of title 18] information, including trade secrets, as
described in section 1905 of title 18 only--
(A) to another department, agency, or
instrumentality of the United States Government
when requested for official use;
(B) to a committee of Congress having
jurisdiction over the subject matter to which
the information is related, when requested by
that committee;
(C) in a judicial proceeding under a court
order that preserves the confidentiality of the
information without impairing the proceeding;
and
(D) [to the public to protect health and
safety] subject to paragraph (4), to the public
when the Board considers it necessary to
protect health and safety after giving notice
to any interested person to whom the
information is related and an opportunity for
that person to comment in writing, or orally in
closed session, on the proposed disclosure, if
the delay resulting from notice and opportunity
for comment would not be detrimental to health
and safety.
(2) Preservation of confidentiality.--
[Information]Information disclosed under paragraph (1)
of this subsection may be disclosed only in a way
designed to preserve its confidentiality.
(3) Protection of voluntary submission of
information.--Notwithstanding any other provision of
law, neither the Board, nor any agency receiving
information from the Board, shall disclose voluntarily
provided safety-related information if that information
is not related to the exercise of the Board's accident
or incident investigation authority under this chapter
and if the Board finds that the disclosure of the
information would inhibit the voluntary provision of
that type of information.
(4) Limitation.--A disclosure under paragraph (1)(D)
may only be considered necessary to protect health and
safety if the Board is required under this chapter to
explain a finding, a cause or probable cause, or a
safety recommendation related to an accident or
incident investigated by the Board and cannot
reasonably fulfill its duties without such disclosure.
(c) Cockpit Recordings and Transcripts.--
(1) Confidentiality of recordings.--[The Board]
Except as provided in paragraph (2), the Board may not
disclose publicly any part of a cockpit voice or video
recorder recording or transcript of oral communications
by and between flight crew members and ground stations
related to an accident or incident investigated by the
Board. However, the Board shall make public any part of
a transcript or any written depiction of visual
information the Board decides is relevant to the
accident or incident--
(A) if the Board holds a public hearing on
the accident or incident, at the time of the
hearing; or
(B) if the Board does not hold a public
hearing, at the time a majority of the other
factual reports on the accident or incident are
placed in the public docket.
(2) Exception.--Subject to subsections (b) and (g),
the Board shall make public any part of a transcript,
any written depiction of visual information obtained
from a video recorder, or any still image obtained from
a video recorder the Board decides is relevant to the
accident or incident--
(A) if the Board holds a public hearing on
the accident or incident, at the time of the
hearing; or
(B) if the Board does not hold a public
hearing, at the time a majority of the other
factual reports on the accident or incident are
placed in the public docket.
[(2)](3) References to information in making safety
recommendations.--This subsection does not prevent the
Board from referring at any time to cockpit voice or
video recorder information in making safety
recommendations.
(d) Surface Vehicle Recordings and Transcripts.--
(1) Confidentiality of recordings.--[The Board]
Except as provided in paragraph (2), the Board may not
disclose publicly any part of a surface vehicle voice
or video recorder recording or transcript of oral
communications by or among drivers, train employees, or
other operating employees responsible for the movement
and direction of the vehicle or vessel, or between such
operating employees and company communication centers,
related to an accident investigated by the Board.
[However, the Board shall make public any part of a
transcript or any written depiction of visual
information that the Board decides is relevant to the
accident--]
[(A) if the Board holds a public hearing on
the accident, at the time of the hearing; or
[(B) if the Board does not hold a public
hearing, at the time a majority of the other
factual reports on the accident are placed in
the public docket.]
(2) Exception.--Subject to subsections (b) and (g),
the Board shall make public any part of a transcript,
any written depiction of visual information obtained
from a video recorder, or any still image obtained from
a video recorder 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)](3) References to information in making safety
recommendations.--This subsection does not prevent the
Board from referring at any time to voice or video
recorder information in making safety recommendations.
(e) Drug Tests.--
(1) Notwithstanding section 503(e) of the
Supplemental Appropriations Act, 1987 (Public Law 100-
71, 101 Stat. 471), the Secretary of Transportation
shall provide the following information to the Board
when requested in writing by the Board:
(A) any report of a confirmed positive
toxicological test, verified as positive by a
medical review officer, conducted on an officer
or employee of the Department of Transportation
under post-accident, unsafe practice, or
reasonable suspicion toxicological testing
requirements of the Department, when the
officer or employee is reasonably associated
with the circumstances of an accident or
incident under the investigative jurisdiction
of the Board.
(B) any laboratory record documenting that
the test is confirmed positive.
(2) Except as provided by paragraph (3) of this
subsection, the Board shall maintain the
confidentiality of, and exempt from disclosure under
section 552(b)(3) of title 5--(A) a laboratory record
provided the Board under paragraph (1) of this
subsection that reveals medical use of a drug allowed
under applicable regulations; and
(B) medical information provided by the
tested officer or employee related to the test
or a review of the test.
(3) The Board may use a laboratory record made
available under paragraph (1) of this subsection to
develop an evidentiary record in an investigation of an
accident or incident if--
(A) the fitness of the tested officer or
employee is at issue in the investigation; and
(B) the use of that record is necessary to
develop the evidentiary record.
(f) Foreign Investigations.--
(1) In general.--Notwithstanding any other provision
of law, neither the Board, nor any agency receiving
information from the Board, shall disclose records or
information relating to its participation in foreign
aircraft accident investigations; except that--
(A) the Board shall release records
pertaining to such an investigation when the
country conducting the investigation issues its
final report or 2 years following the date of
the accident, whichever occurs first; and
(B) the Board may disclose records and
information when authorized to do so by the
country conducting the investigation.
(2) Safety recommendations.--Nothing in this
subsection shall restrict the Board at any time from
referring to foreign accident investigation information
in making safety recommendations.
(g) Privacy Protections.--Before making public any still
image obtained from a video recorder under subsection (c)(2) or
subsection (d)(2), the Board shall take such action as
appropriate to protect from public disclosure any information
that readily identifies an individual, including a decedent.
(h) Limitation.--A department, agency, or instrumentality of
the United States Government that receives information from the
Board under this section may not publicly disclose any part of
that information if the information is exempted or prohibited
from disclosure under this chapter or any other law of the
United States.
Sec. 1117. [Annual report] Reports
(a) In General.--The National Transportation Safety Board
shall submit a report to Congress on July 1 of each year. The
report shall include--
(1) a statistical and analytical summary of the
transportation accident investigations conducted and
reviewed by the Board during the prior calendar year;
(2) a survey and summary of the recommendations made
by the Board to reduce the likelihood of recurrence of
those accidents together with the observed response to
each recommendation;
(3) a detailed appraisal of the accident
investigation and accident prevention activities of
other departments, agencies, and instrumentalities of
the United States Government and State and local
governmental authorities having responsibility for
those activities under a law of the United States or a
State;
(4) a description of the activities and operations of
the National Transportation Safety Board Academy during
the prior calendar year;
(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.
(b) Retrospective Review to Ensure Updated and Effective
Safety Recommendations.--
(1) In general.--Not later than June 1, 2019, and in
response to public comments received under paragraph
(2), the Chairman shall complete a comprehensive review
of recommendations issued by the Board that are
classified as ``open'' by the Board.
(2) Public comments.--
(A) In general.--Before conducting a review
under paragraph (1), and at least every 5 years
thereafter, the Chairman shall publish in the
Federal Register a request for public comment
on recommendations to be updated, closed, or
reissued.
(B) Recommendations.--A request for public
comment under subparagraph (A) shall solicit--
(i) recommendations to be updated,
closed, or reissued, including a
reference to the applicable
recommendation number;
(ii) justifications, including any
supporting information, for updating,
closing, or reissuing a recommendation;
and
(iii) if applicable, specific
suggestions for updating a
recommendation.
(C) Public comment period.--The Chairman
shall provide 90 days for public comment under
this subsection.
(3) Contents.--A review under paragraph (1) shall
include for each recommendation under paragraph (2)--
(A) consideration of each justification under
paragraph (2)(B)(ii) and, if applicable, each
suggestion under clause (iii) of that
paragraph;
(B) an assessment of whether the
recommendation--
(i) is outmoded, unclear, or
unnecessary in light of--
(I) changed circumstances;
(II) more recently issued
recommendations; or
(III) the availability of new
technologies;
(ii) is ineffective or insufficient
for achieving its objective; or
(iii) should be reissued;
(C) a determination, based on the assessment
under subparagraph (B), whether it is
appropriate to update, close, or reissue the
recommendation; and
(D) a justification for each determination
under subparagraph (C).
(4) Report.--Not later than 180 days after the date a
review under paragraph (1) is complete, the Chairman
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes--
(A) the findings of the review under
paragraph (1);
(B) each determination under paragraph (3)(C)
and justification under paragraph (3)(D); and
(C) if applicable, a schedule for updating,
closing, or reissuing a recommendation.
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 are authorized to be appropriated for
the purposes of this chapter $111,400,000 for fiscal year 2019,
$112,400,000 for fiscal year 2020, $113,400,000 for fiscal year
2021, $114,400,000 for fiscal year 2022, and $115,400,000 for
fiscal year 2023. Such sums shall remain available until
expended.
(b) Emergency Fund.--The Board has an emergency fund of
$2,000,000 available for necessary expenses of the Board, not
otherwise provided for, for accident investigations. In
addition, there are authorized to be appropriated such sums as
may be necessary to increase the fund to, and maintain the fund
at, a level not to exceed $4,000,000.
(c) Fees, Refunds, and Reimbursements.--
(1) In general.--The Board may impose and collect
such fees, refunds, and reimbursements as it determines
to be appropriate for services provided by or through
the Board.
(2) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, any fee,
refund, or reimbursement collected under this
subsection--
(A) shall be credited as offsetting
collections to the account that finances the
activities and services for which the fee is
imposed or with which the refund or
reimbursement is associated;
(B) shall be available for expenditure only
to pay the costs of activities and services for
which the fee is imposed or with which the
refund or reimbursement is associated; and
(C) shall remain available until expended.
(3) Refunds.--The Board may refund any fee paid by
mistake or any amount paid in excess of that required.
SUBCHAPTER III. AUTHORITY
Sec. 1131. General authority
(a) General.--
(1) The National Transportation Safety Board shall
investigate or have investigated (in detail the Board
prescribes) and establish the facts, circumstances, and
cause or probable cause of--
(A) an aircraft accident the Board has
authority to investigate under section 1132 of
this title or an aircraft accident involving [a
public aircraft as defined by section
40102(a)(37) of this title] a public aircraft
as defined by section 40102(a) of this title
other than an aircraft operated by the Armed
Forces or by an intelligence agency of the
United States;
(B) a highway accident, including a railroad
grade crossing accident, the Board selects in
cooperation with a State;
(C) a railroad accident in which there is a
fatality or substantial property damage, or
that involves a passenger train;
(D) a pipeline accident in which there is a
fatality, substantial property damage, or
significant injury to the environment;
(E) a major marine casualty (except a
casualty involving only public vessels)
occurring on 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) the accident is catastrophic;
(ii) the accident involves problems
of a recurring character; or
(iii) the investigation of the
accident would carry out this chapter.
(2)(A) Subject to the requirements of this paragraph,
an investigation by the Board under paragraph (1)(A)-
(D) or (F) of this subsection has priority over any
investigation by another department, agency, or
instrumentality of the United States Government. The
Board shall provide for appropriate participation by
other departments, agencies, or instrumentalities in
the investigation. However, those departments,
agencies, or instrumentalities may not participate in
the decision of the Board about the probable cause of
the accident.
(B) If the Attorney General, in consultation
with the Chairman of the Board, determines and
notifies the Board that circumstances
reasonably indicate that the accident may have
been caused by an intentional criminal act, the
Board shall relinquish investigative priority
to the Federal Bureau of Investigation. The
relinquishment of investigative priority by the
Board shall not otherwise affect the authority
of the Board to continue its investigation
under this section.
(C) If a Federal law enforcement agency
suspects and notifies the Board that an
accident being investigated by the Board under
subparagraph (A), (B), (C), or (D) of paragraph
(1) may have been caused by an intentional
criminal act, the Board, in consultation with
the law enforcement agency, shall take
necessary actions to ensure that evidence of
the criminal act is preserved.
(3) This section and sections 1113, 1116(b), 1133,
and 1134(a) and (c)-(e) of this title do not affect the
authority of another department, agency, or
instrumentality of the Government to investigate an
accident under applicable law or to obtain information
directly from the parties involved in, and witnesses
to, the accident. The Board and other departments,
agencies, and instrumentalities shall ensure that
appropriate information developed about the accident is
exchanged in a timely manner.
(b) * * *
Sec. 1134. Inspections and autopsies
(a) Entry and Inspection.--An officer or employee of the
National Transportation Safety Board--
(1) on display of appropriate credentials and written
notice of inspection authority, may enter property
where a transportation accident has occurred or
wreckage from the accident is located and do anything
necessary to conduct an investigation; and
(2) during reasonable hours, may inspect any record,
including an electronic record, process, control, or
facility related to an accident investigation under
this chapter.
(b) Inspection, Testing, Preservation, and Moving of Aircraft
and Parts.--
(1) In investigating an aircraft accident under this
chapter, the Board may inspect and test, to the extent
necessary, any civil aircraft, aircraft engine,
propeller, appliance, or property on an aircraft
involved in an accident in air commerce.
(2) Any civil aircraft, aircraft engine, propeller,
appliance, or property on an aircraft involved in an
accident in air commerce shall be preserved, and may be
moved, only as provided by regulations of the Board.
(c) Avoiding Unnecessary Interference and Preserving
Evidence.--In carrying out subsection (a)(1) of this section,
an officer or employee may examine or test any vehicle, vessel,
rolling stock, track, or pipeline component. The examination or
test shall be conducted in a way that--
(1) does not interfere unnecessarily with
transportation services provided by the owner or
operator of the vehicle, vessel, rolling stock, track,
or pipeline component; and
(2) to the maximum extent feasible, preserves
evidence related to the accident, consistent with the
needs of the investigation and with the cooperation of
that owner or operator.
(d) Exclusive Authority of Board.--Only the Board has the
authority to decide on the way in which testing under this
section will be conducted, including decisions on the person
that will conduct the test, the type of test that will be
conducted, and any individual who will witness the test. Those
decisions are committed to the discretion of the Board. The
Board shall make any of those decisions based on the needs of
the investigation being conducted and, when applicable,
subsections (a), (c), and (e) of this section.
(e) Promptness of Tests and Availability of Results.--An
inspection, examination, or test under subsection (a) or (c) of
this section shall be started and completed promptly, and the
results shall be made available.
(f) Autopsies.--
(1) The Board may order an autopsy to be performed
and have other tests made when necessary to investigate
an accident under this chapter. However, local law
protecting religious beliefs related to autopsies shall
be observed to the extent consistent with the needs of
the accident investigation.
(2) With or without reimbursement, the Board may
obtain a copy of an autopsy report performed by a State
or local official on an individual who died because of
a transportation accident investigated by the Board
under this chapter.
Sec. 1136. Assistance to families of passengers involved in aircraft
accidents
(a) In General.--As soon as practicable after being notified
of an [aircraft accident within the United States involving an
air carrier or foreign air carrier and resulting in a major
loss of life] aircraft accident involving an air carrier or
foreign air carrier, resulting in any loss of life, and for
which the National Transportation Safety Board will serve as
the lead investigative agency, the Chairman of the National
Transportation Safety Board shall--
(1) designate and publicize the name and phone number
of a director of family support services who shall be
an employee of the Board and shall be responsible for
acting as a point of contact within the Federal
Government for the families of passengers involved in
the accident and a liaison between the air carrier or
foreign air carrier and the families; and
(2) designate an independent nonprofit organization,
with experience in disasters and posttrauma
communication with families, which shall have primary
responsibility for coordinating the emotional care and
support of the families of passengers involved in the
accident.
(b) * * *
(h) Definitions.--In this section, the following definitions
apply:
[(1) Aircraft accident.--The term ``aircraft
accident'' means any aviation disaster regardless of
its cause or suspected cause.]
(1) Aircraft accident.--The term ``aircraft
accident'' means any aviation disaster, regardless of
its cause or suspected cause, for which the National
Transportation Safety Board is the lead investigative
agency.
(2) Passenger.--The term ``passenger'' includes--
(A) an employee of an air carrier or foreign
air carrier aboard an aircraft[; and];
(B) any other person aboard the aircraft
without regard to whether the person paid for
the transportation, occupied a seat, or held a
reservation for the flight[.]; and
(C) any other person injured or killed in the
aircraft accident, as determined appropriate by
the Board.
(i) * * *
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 as determined necessary by the Comptroller
General or the appropriate congressional committees.
(b) Responsibility of Comptroller General.--The Comptroller
General shall evaluate and audit board programs, operations,
and activities, including--
(1) information management and security, including
privacy protection of personally identifiable
information;
(2) resource management;
(3) workforce development;
(4) procurement and contracting planning, practices
and policies;
(5) the process and procedures to select an accident
to investigate;
[(5)](6) the extent to which the Board follows
leading practices in selected management areas; and
[(6)](7) the extent to which the Board addresses
management challenges in completing accident
investigations.
(c) Appropriate Congressional Committees.--For purposes of
this section the term ``appropriate congressional committees''
means the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
Sec. 1140. Information for families of individuals involved in
accidents
In the course of an investigation of an accident described in
section 1131(a)(1), except an aircraft accident described in
section 1136 or a rail passenger accident described in section
1139, the Board may, to the maximum extent practicable, ensure
that the families of individuals involved in the accident, and
other individuals the Board deems appropriate--
(1) are informed as to the roles, with respect to the
accident and the post-accident activities, of the
Board;
(2) are briefed, prior to any public briefing, about
the accident, its causes, and any other findings from
the investigation; and
(3) are individually informed of and allowed to
attend any public hearings and meetings of the Board
about the accident.
SUBCHAPTER IV. ENFORCEMENT AND PENALTIES
Sec. 1154. Discovery and use of cockpit and surface vehicle recordings
and transcripts
(a) [Transcripts and Recordings] In General.--
(1) Except as provided by this subsection, a party in
a judicial proceeding may not use discovery to obtain--
(A) any still image that the National
Transportation Safety Board has not made
available to the public under section 1114(c)
or 1114(d) of this title;
[(A)](B) 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
[(B)](C) a cockpit or surface vehicle
recorder recording.
(2)(A) Except as provided in paragraph (4)(A) of this
subsection, a court may allow discovery by a party of a
cockpit or surface vehicle recorder transcript if,
after an in camera review of the transcript, the court
decides that--
(i) the part of the transcript made available
to the public under section 1114(c) or 1114(d)
of this title does not provide the party with
sufficient information for the party to receive
a fair trial; and
(ii) discovery of additional parts of the
transcript is necessary to provide the party
with sufficient information for the party to
receive a fair trial.
(B) A court may allow discovery, or require
production for an in camera review, of a cockpit or
surface vehicle recorder transcript that the Board has
not made available under section 1114(c) or 1114(d) of
this title only if the cockpit or surface vehicle
recorder recording is not available.
(3) Except as provided in paragraph (4)(A) of this
subsection, a court may allow discovery by a party of a
cockpit or surface vehicle [recorder recording]
recorder recording, including with regard to a video
recording any still image that the National
Transportation Safety Board has not made available to
the public under section 1114(c) or 1114(d) of this
title, if, after an in camera review of the recording,
the court decides that--
(A) the parts of the transcript made
available to the public under section 1114(c)
or 1114(d) of this title and to the party
through discovery under paragraph (2) of this
subsection do not provide the party with
sufficient information for the party to receive
a fair trial; and
(B) discovery of the cockpit or surface
vehicle [recorder recording] recorder
recording, including with regard to a video
recording any still image that the National
Transportation Safety Board has not made
available to the public under section 1114(c)
or 1114(d) of this title, is necessary to
provide the party with sufficient information
for the party to receive a fair trial.
(4)(A) When a court allows discovery in a judicial
proceeding of a still image or a part of a cockpit or
surface vehicle recorder transcript not made available
to the public under section 1114(c) or 1114(d) of this
title or a cockpit or surface vehicle recorder
recording, the court shall issue a protective order--
(i) to limit the use of [the part of the
transcript or the recording] the still image,
the part of the transcript, or the recording to
the judicial proceeding; and
(ii) to prohibit dissemination of [the part
of the transcript or the recording] the still
image, the part of the transcript, or the
recording to any person that does not need
access to the part of the transcript or the
recording for the proceeding.
(B) A court may allow a still image or a part of a
cockpit or surface vehicle recorder transcript not made
available to the public under section 1114(c) or
1114(d) of this title or a cockpit or surface vehicle
recorder recording to be admitted into evidence in a
judicial proceeding, only if the court places [the part
of the transcript or the recording] the still image,
the part of the transcript, or the recording under seal
to prevent the use of [the part of the transcript or
the recording] the still image, the part of the
transcript, or the recording for purposes other than
for the proceeding.
(5) This subsection does not prevent the Board from
referring at any time to cockpit or surface vehicle
recorder information in making safety recommendations.
(6) In this subsection:
(A) Recorder.--The term ``recorder'' means a
voice or video recorder.
(B) Still image.--The term ``still image''
means any still image obtained from a video
recorder.
[(B)](C) Transcript.--The term ``transcript''
includes any written depiction of visual
information obtained from a video recorder.
(b) Reports.--No part of a report of the Board, related to an
accident or an investigation of an accident, may be admitted
into evidence or used in a civil action for damages resulting
from a matter mentioned in the report.
TITLE 49. TRANSPORTATION
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) Submission of Plans.--Each air carrier holding a
certificate of public convenience and necessity under section
41102 of this title shall submit to the Secretary and the
Chairman of the National Transportation Safety Board a plan for
addressing the needs of the families of passengers involved in
any aircraft accident involving an aircraft of the air carrier
and resulting in [a major] any loss of life.
(b) Contents of Plans.--A plan to be submitted by an air
carrier under subsection (a) shall include, at a minimum, the
following:
(1) A plan for publicizing a reliable, toll-free
telephone number, and for providing staff, to handle
calls from the families of the passengers.
(2) A process for notifying the families of the
passengers, before providing any public notice of the
names of the passengers, either by utilizing the
services of the organization designated for the
accident under section 1136(a)(2) of this title or the
services of other suitably trained individuals.
(3) An assurance that the notice described in
paragraph (2) will be provided to the family of a
passenger as soon as the air carrier has verified that
the passenger was aboard the aircraft (whether or not
the names of all of the passengers have been verified)
and, to the extent practicable, in person.
(4) An assurance that the air carrier will provide to
the director of family support services designated for
the accident under section 1136(a)(1) of this title,
and to the organization designated for the accident
under section 1136(a)(2) of this title, immediately
upon request, a list (which is based on the best
available information at the time of the request) of
the names of the passengers aboard the aircraft
(whether or not such names have been verified), and
will periodically update the list.
(5) An assurance that the family of each passenger
will be consulted about the disposition of all remains
and personal effects of the passenger within the
control of the air carrier.
(6) An assurance that if requested by the family of a
passenger, any possession of the passenger within the
control of the air carrier (regardless of its
condition) will be returned to the family unless the
possession is needed for the accident investigation or
any criminal investigation.
(7) An assurance that any unclaimed possession of a
passenger within the control of the air carrier will be
retained by the air carrier for at least 18 months.
(8) An assurance that the family of each passenger
will be consulted about construction by the air carrier
of any monument to the passengers, including any
inscription on the monument.
(9) An assurance that the treatment of the families
of nonrevenue passengers [(and any other victim of the
accident)] (and any other victim of the accident,
including any victim on the ground) will be the same as
the treatment of the families of revenue passengers.
(10) An assurance that the air carrier will work with
any organization designated under section 1136(a)(2) of
this title on an ongoing basis to ensure that families
of passengers receive an appropriate level of services
and assistance following each accident.
(11) An assurance that the air carrier will provide
reasonable compensation to any organization designated
under section 1136(a)(2) of this title for services
provided by the organization.
(12) An assurance that the air carrier will assist
the family of a passenger in traveling to the location
of the accident and provide for the physical care of
the family while the family is staying at such
location.
(13) An assurance that the air carrier will commit
sufficient resources to carry out the plan.
(14) An assurance that, upon request of the family of
a passenger, the air carrier will inform the family of
whether the passenger's name appeared on a preliminary
passenger manifest for the flight involved in the
accident.
(15) An assurance that the air carrier will provide
adequate training to the employees and agents of the
carrier to meet the needs of survivors and family
members following an accident.
(16) An assurance that the air carrier, in the event
that the air carrier volunteers assistance to United
States citizens within the United States with respect
to an aircraft accident outside the United States
involving [major] any loss of life, will consult with
the Board and the Department of State on the provision
of the assistance.
(17)(A) An assurance that, in the case of an accident
that results in [significant] any damage to a manmade
structure or other property on the ground that is not
government-owned, the air carrier will promptly provide
notice, in writing, to the extent practicable, directly
to the owner of the structure or other property about
liability for any property damage and means for
obtaining compensation.
(B) At a minimum, the written notice shall advise an
owner (i) to contact the insurer of the property as the
authoritative source for information about coverage and
compensation; (ii) to not rely on unofficial
information offered by air carrier representatives
about compensation by the air carrier for accident-site
property damage; and (iii) to obtain photographic or
other detailed evidence of property damage as soon as
possible after the accident, consistent with
restrictions on access to the accident site.
(18) An assurance that, in the case of an accident in
which the National Transportation Safety Board conducts
a public hearing or comparable proceeding at a location
greater than 80 miles from the accident site, the air
carrier will ensure that the proceeding is made
available simultaneously by electronic means at a
location open to the public at both the origin city and
destination city of the air carrier's flight if that
city is located in the United States.
(c) * * *
CHAPTER 413 FOREIGN AIR TRANSPORTATION
Sec. 41313. Plans to address needs of families of passengers involved
in foreign air carrier accidents
(a) Definitions.--In this section, the following definitions
apply:
(1) Aircraft accident.--The term ``aircraft
accident'' means any aviation disaster, regardless of
its cause or suspected cause, that occurs within the
United States; and
(2) Passenger.--The term ``passenger'' has the
meaning given such term by section 1136.
(b) Submission of Plans.--A foreign air carrier providing
foreign air transportation under this chapter shall transmit to
the Secretary of Transportation and the Chairman of the
National Transportation Safety Board a plan for addressing the
needs of the families of passengers involved in an aircraft
accident that involves an aircraft under the control of the
foreign air carrier and results in [a major] any loss of life.
(c) Contents of Plans.--To the extent permitted by foreign
law which was in effect on the date of the enactment of this
section, a plan submitted by a foreign air carrier under
subsection (b) shall include the following:
(1) Telephone number.--A plan for publicizing a
reliable, toll-free telephone number and staff to take
calls to such number from families of passengers
involved in an aircraft accident that involves an
aircraft under the control of the foreign air carrier
and results in [a significant] any loss of life.
(2) Notification of families.--a process for
notifying, in person to the extent practicable, the
families of passengers involved in an aircraft accident
that involves an aircraft under the control of the
foreign air carrier and results in [a significant] any
loss of life before providing any public notice of the
names of such passengers. such notice shall be provided
by using the services of--
(A) the organization designated for the
accident under section 1136(a)(2); or
(B) other suitably trained individuals.
(3) Notice provided as soon as possible.--An
assurance that the notice required by paragraph (2)
shall be provided as soon as practicable after the
foreign air carrier has verified the identity of a
passenger on the foreign aircraft, whether or not the
names of all of the passengers have been verified.
(4) List of passengers.--An assurance that the
foreign air carrier shall provide, immediately upon
request, and update a list (based on the best available
information at the time of the request) of the names of
the passengers aboard the aircraft (whether or not such
names have been verified), to--
(A) the director of family support services
designated for the accident under section
1136(a)(1); and
(B) the organization designated for the
accident under section 1136(a)(2).
(5) Consultation regarding disposition of remains and
effects.--An assurance that the family of each
passenger will be consulted about the disposition of
any remains and personal effects of the passenger that
are within the control of the foreign air carrier.
(6) Return of possessions.--An assurance that, if
requested by the family of a passenger, any possession
(regardless of its condition) of that passenger that is
within the control of the foreign air carrier will be
returned to the family unless the possession is needed
for the accident investigation or a criminal
investigation.
(7) Unclaimed possessions retained.--An assurance
that any unclaimed possession of a passenger within the
control of the foreign air carrier will be retained by
the foreign air carrier for not less than 18 months
after the date of the accident.
(8) Monuments.--An assurance that the family of each
passenger will be consulted about construction by the
foreign air carrier of any monument to the passengers
built in the United States, including any inscription
on the monument.
[(9) Equal treatment of passengers.--An assurance
that the treatment of the families of nonrevenue
passengers will be the same as the treatment of the
families of revenue passengers.]
(9) Equal treatment of passengers.--An assurance that
the treatment of the families of nonrevenue passengers
(and any other victim of the accident, including any
victim on the ground) will be the same as the treatment
of the families of revenue passengers.
(10) Service and assistance to families of
passengers.--An assurance that the foreign air carrier
will work with any organization designated under
section 1136(a)(2) on an ongoing basis to ensure that
families of passengers receive an appropriate level of
services and assistance following an accident.
(11) Compensation to service organizations.--An
assurance that the foreign air carrier will provide
reasonable compensation to any organization designated
under section 1136(a)(2) for services and assistance
provided by the organization.
(12) Travel and care expenses.--An assurance that the
foreign air carrier will assist the family of any
passenger in traveling to the location of the accident
and provide for the physical care of the family while
the family is staying at such location.
(13) Resources for plan.--An assurance that the
foreign air carrier will commit sufficient resources to
carry out the plan.
(14) Substitute measures.--If a foreign air carrier
does not wish to comply with paragraph (10), (11), or
(12), a description of proposed adequate substitute
measures for the requirements of each paragraph with
which the foreign air carrier does not wish to comply.
(15) Training of employees and agents.--An assurance
that the foreign air carrier will provide adequate
training to the employees and agents of the carrier to
meet the needs of survivors and family members
following an accident.
(16) Consultation on carrier response not covered by
plan.--An assurance that the foreign air carrier, in
the event that the foreign air carrier volunteers
assistance to United States citizens within the United
States with respect to an aircraft accident outside the
United States involving [major] any loss of life, the
foreign air carrier will consult with the Board and the
Department of State on the provision of the assistance.
(17) Notice concerning liability for manmade
structures.--
(A) In general.--An assurance that, in the
case of an accident that results in
[significant] any damage to a manmade structure
or other property on the ground that is not
government-owned, the foreign air carrier will
promptly provide notice, in writing, to the
extent practicable, directly to the owner of
the structure or other property about liability
for any property damage and means for obtaining
compensation.
(B) Minimum contents.--At a minimum, the
written notice shall advise an owner (i) to
contact the insurer of the property as the
authoritative source for information about
coverage and compensation; (ii) to not rely on
unofficial information offered by foreign air
carrier representatives about compensation by
the foreign air carrier for accident-site
property damage; and (iii) to obtain
photographic or other detailed evidence of
property damage as soon as possible after the
accident, consistent with restrictions on
access to the accident site.
(18) Simultaneous electronic transmission of ntsb
hearing.--An assurance that, in the case of an accident
in which the National Transportation Safety Board
conducts a public hearing or comparable proceeding at a
location greater than 80 miles from the accident site,
the foreign air carrier will ensure that the proceeding
is made available simultaneously by electronic means at
a location open to the public at both the origin city
and destination city of the foreign air carrier's
flight if that city is located in the United States.
(d) Permit and Exemption Requirement.--The Secretary shall
not approve an application for a permit under section 41302
unless the applicant has included as part of the application or
request for exemption a plan that meets the requirements of
subsection (c).
(e) Limitation on Liability.--A foreign air carrier shall not
be liable for damages in any action brought in a Federal or
State court arising out of the performance of the foreign air
carrier in preparing or providing a passenger list pursuant to
a plan submitted by the foreign air carrier under subsection
(c), unless the liability was caused by conduct of the foreign
air carrier which was grossly negligent or which constituted
intentional misconduct.
[all]
