S 2768 RS

To amend title 49, United States Code, to authorize appropriations for the National Transportation Safety Board for fiscal years 2010 through 20141 and 2012, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

[Struck out->]SECTION 1. SHORT TITLE.[<-Struck out]

[Struck out->]This Act may be cited as the ‘National Transportation Safety Board Reauthorization Act of 2009’.[<-Struck out]

[Struck out->]SEC. 2. AUTHORIZATION OF APPROPRIATIONS.[<-Struck out]

[Struck out->](a) IN GENERAL-Section 1118(a) of title 49, United States Code, is amended to read as follows: [<-Struck out]

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‘(a) IN GENERAL- There are authorized to be appropriated for the purposes of this chapter $100,000,000 for fiscal year 2010, $105,000,000 for fiscal year 2011, $112,000,000 for fiscal year 2012, $118,000,000 for fiscal year 2013, and $124,000,000 for fiscal year 2014. Such sums shall remain available until expended.’.[<-Struck out]

[Struck out->](b) FEES, REFUNDS, REIMBURSEMENTS, AND ADVANCES- Section 1118(c) of such title is amended to read as follows:[<-Struck out]

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‘(c) Fees, Refunds, Reimbursements, and Advances-[<-Struck out]

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‘(1) IN GENERAL- The Board may impose and collect such fees, refunds, reimbursements, and advances as it determines to be appropriate for activities, services, and facilities provided by or through the Board.[<-Struck out]

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‘(2) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS- Notwithstanding section 3302 of title 31, any fee, refund, reimbursement, or advance collected under this subsection--[<-Struck out]

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‘(A) shall be credited as offsetting collections to the account that finances the activities, services, or facilities for which the fee, refund, reimbursement, or advance is associated;[<-Struck out]

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‘(B) shall be available for expenditure only to pay the costs of activities, services, or facilities for which the fee, refund, reimbursement, or advance is associated; and[<-Struck out]

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‘(C) shall remain available until expended.[<-Struck out]

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‘(3) RECORD- The Board shall maintain an annual record of collections received under paragraph (2).[<-Struck out]

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‘(4) REFUNDS- The Board may refund any fee or advance paid by mistake or any amount paid in excess of that required.’.[<-Struck out]

[Struck out->]SEC. 3. TECHNICAL CORRECTIONS.[<-Struck out]

[Struck out->](a) DEFINITIONS-Section 1101 of title 49, United States Code, is amended by striking ‘otherwise.’ and inserting ‘otherwise, and may include incidents not involving destruction or damage, but significantly affecting transportation safety, as the Board may prescribe or Congress may direct.’. [<-Struck out]

[Struck out->](b) GENERAL ORGANIZATION-Section 1111(d) of title 49, United States Code, is amended by striking ‘absent’ and inserting ‘unavailable’. [<-Struck out]

[Struck out->](c) ADMINISTRATIVE-Section 1113 of title 49, United States Code, is amended-- [<-Struck out]

[Struck out->](1) by inserting ‘or depositions’ in paragraph (a)(1) after ‘hearings’; and[<-Struck out]

[Struck out->](2) by inserting ‘In the interest of transportation safety, the Board shall have the authority by subpoena to summon witnesses and obtain any and all evidence relevant to an accident investigation conducted under this chapter.’ after ‘(2)’ in subsection (a)(2).[<-Struck out]

[Struck out->](d) DISCLOSURE, AVAILABILITY, AND USE OF INFORMATION-Section 1114 of title 49, United States Code, is amended-- [<-Struck out]

[Struck out->](1) by striking the heading for subsection (b) and inserting ‘(b) TRADE SECRETS; COMMERCIAL OR FINANCIAL INFORMATION- ’;[<-Struck out]

[Struck out->](2) by inserting ‘submitted to the Board in the course of a Board investigation or study and’ in subsection (b)(1) after ‘information’ the first place it appears;[<-Struck out]

[Struck out->](3) by striking ‘title 18’ in subsection (b)(1) and inserting ‘title 18, or commercial or financial information,’;[<-Struck out]

[Struck out->](4) by striking ‘safety’ in subsection (b)(1)(D) the first place it appears and inserting ‘safety, including through the issuance of reports of accident investigation or safety studies and safety recommendations,’;[<-Struck out]

[Struck out->](5) by inserting ‘subparagraphs (A) through (C) of’ after ‘under’ in subsection (b)(2);[<-Struck out]

[Struck out->](6) by adding at the end of subsection (b) the following:[<-Struck out]

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‘(4) Each person submitting to the Board trade secrets, commercial or financial information, or information that could be classified as controlled under the International Traffic in Arms Regulations shall appropriately annotate the information to indicate the restricted nature of the information in order to facilitate proper handling of such materials by the Board.’;[<-Struck out]

[Struck out->](7) by striking ‘shall’ in paragraph(1)(A) of subsection (f) and inserting ‘may’;[<-Struck out]

[Struck out->](8) by striking ‘information’ in paragraph (2) of subsection (f) and inserting ‘information, or other relevant information authorized for disclosure under this chapter,’; and[<-Struck out]

[Struck out->](9) by adding at the end thereof the following:[<-Struck out]

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‘(g) ONGOING BOARD INVESTIGATIONS- (1) Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, may publicly disclose records related to an ongoing Board investigation, and such records shall be exempt from disclosure under section 552(b)(3) of title 5. Notwithstanding the preceding sentence, the Board may make public specific records relevant to the investigation, release of which in the Board’s judgment is necessary to promote transportation safety--[<-Struck out]

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‘(A) if the Board holds a public hearing on the accident or incident, at the time of the hearing;[<-Struck out]

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‘(B) if the Board does not hold a public hearing, at the time the Board determines that substantial portions of the underlying factual reports on the accident or incident, and supporting evidence, will be placed in the public docket; or[<-Struck out]

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‘(C) if the Board determines during an ongoing investigation or study that circumstances warrant disclosure of specific factual material and that such material need be placed in the public docket to facilitate dialogue with other agencies or instrumentalities, regulatory bodies, industry or industry groups, or Congress.[<-Struck out]

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‘(2) This subsection does not prevent the Board from referring at any time to evidence from an ongoing investigation in making safety recommendations.[<-Struck out]

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‘(3) In this subsection, the term ‘ongoing investigation’ means that period beginning at the time the Board is notified of an accident or incident and ending when the Board issues a final report or brief, or determines to close an investigation without issuing a report or brief.’.[<-Struck out]

[Struck out->](e) REPORTS AND STUDIES--Section 1116(b) of title 49, United States Code, is amended-- [<-Struck out]

[Struck out->](1) by striking ‘carry out’ in paragraph (1) and inserting ‘conduct’; and[<-Struck out]

[Struck out->](2) by striking paragraph (3) and inserting the following:[<-Struck out]

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‘(3) prescribe requirements for persons reporting accidents and incidents that may be investigated by the Board under this chapter;’.[<-Struck out]

[Struck out->](f) DISCOVERY AND USE OF COCKPIT AND SURFACE VEHICLE RECORDINGS AND TRANSCRIPTS-Section 1154(a)(1)(A) of title 49, United States Code, is amended by striking ‘and’ and inserting ‘or’. [<-Struck out]

[Struck out->]SEC. 4. AUTHORITY OF THE BOARD.[<-Struck out]

[Struck out->](a) EVALUATION AND AUDIT-Section 1138(a) of title 49, United States Code, is amended by striking ‘conducted at least annually, but may be’. [<-Struck out]

[Struck out->](b) TRAINING OF BOARD EMPLOYEES AND OTHERS-Section 1115(d) of title 49, United States Code, is amended-- [<-Struck out]

[Struck out->](1) by striking ‘investigation.’ and inserting ‘investigation, including investigation theory and techniques and transportation safety, to advance Board safety recommendations.’;[<-Struck out]

[Struck out->](2) by striking ‘training.’ and inserting ‘training or who influence transportation safety through support or adoption of Board safety recommendations.’; and[<-Struck out]

[Struck out->](3) by striking ‘collections.’ and inserting ‘collections under the provisions of section 1118 of this chapter.’.[<-Struck out]

[Struck out->](c) ACCIDENT INVESTIGATION AUTHORITY-Section 1131 of title 49, United States Code, is amended-- [<-Struck out]

[Struck out->](1) by striking subsection (a)(1)(C) and inserting the following:[<-Struck out]

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‘(C) a freight or passenger railroad accident in which there is a fatality (other than a fatality involving a trespasser), substantial property damage, or significant injury to the environment;’;[<-Struck out]

[Struck out->](2) by striking ‘and’ after the semicolon in subsection (a)(1)(E);[<-Struck out]

[Struck out->](3) by inserting ‘or incident’ after ‘accident’ each place it appears in subsection (a)(1)(F);[<-Struck out]

[Struck out->](4) by striking ‘chapter.’ in subsection (a)(1)(F) and inserting ‘chapter;’;[<-Struck out]

[Struck out->](5) by adding at the end of subsection (a)(1) the following:[<-Struck out]

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‘(G) an accident or incident in response to an international request and delegation under appropriate international conventions, coordinated through the Department of State and accepted by the Board; and[<-Struck out]

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‘(H) an incident or incidents significantly affecting transportation safety, as defined by the Board, under rules and in such detail as the Board may prescribe.’;[<-Struck out]

[Struck out->](6) by striking ‘paragraph (1)(A)-(D) or (F)’ in subsection (a)(2)(A) and inserting ‘any of subparagraphs (A) through (F) of paragraph (1)’;[<-Struck out]

[Struck out->](7) by inserting ‘or incident’ after ‘accident’ each place it appears in subsection (a)(3);[<-Struck out]

[Struck out->](8) by inserting ‘or relevant to’ after ‘developed about’ in subsection (a)(3);[<-Struck out]

[Struck out->](9) by inserting ‘AND INCIDENT’ after ‘Accident’ in the heading for subsection (e); and[<-Struck out]

[Struck out->](10) by inserting ‘and incident’ in subsection (e) after ‘each accident’.[<-Struck out]

[Struck out->](d) Civil Aircraft and Maritime Accident Investigations-[<-Struck out]

[Struck out->](1) IN GENERAL-Section 1132 of title 49, United States Code, is amended-- [<-Struck out]

[Struck out->](A) by inserting ‘or have investigated’ in subsection (a)(1) after ‘investigate’;[<-Struck out]

[Struck out->](B) by striking ‘aircraft.’ in subsection (a)(1)(A) and inserting ‘aircraft or commercial space launch vehicle.’; and[<-Struck out]

[Struck out->](C) by adding at the end the following:[<-Struck out]

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‘(e) AUTHORITY OF BOARD REPRESENTATIVE- The Board may, with the consent of the Secretary, delegate to the Department of Transportation full authority to obtain the facts of any aviation accident or incident the Board shall investigate, and the on-scene representative of the Secretary shall have the full authority of the Board to, on display of appropriate credentials and written notice of inspection authority, enter property where an aviation accident has occurred or wreckage from the accident is located and do anything necessary to gather evidence in support of a Board investigation, in accordance with such rules as the Board may prescribe.[<-Struck out]

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‘(f) MARITIME ACCIDENT INVESTIGATIONS- The Board may, with the consent of the Secretary of the department in which the Coast Guard is operating, delegate to the Coast Guard full authority to obtain the facts of any maritime accident or incident the Board shall investigate, and the on-scene representative of the Commandant of the Coast Guard shall have the full authority of the Board to, on display of appropriate credentials and written notice of inspection authority, enter property where a maritime accident has occurred or wreckage from the accident is located and do anything necessary to gather evidence in support of a Board investigation, in accordance with such rules as the Board may prescribe.’.[<-Struck out]

[Struck out->](2) Conforming amendments-[<-Struck out]

[Struck out->](A) The heading forsection 1132 of title 49, United States Code, is amended to read as follows: [<-Struck out]

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‘1132. Civil aircraft and maritime accident investigations’.[<-Struck out]

[Struck out->](B) The table of contents for chapter 11 of title 49, United States Code, is amended by striking the item relating to section 1132 and inserting the following:[<-Struck out]

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‘1132. Civil aircraft and maritime accident investigations’.[<-Struck out]

[Struck out->](e) INSPECTIONS AND AUTOPSIES-Section 1134 of title 49, United States Code, is amended-- [<-Struck out]

[Struck out->](1) by striking ‘officer or employee of the National Transportation Safety Board--’ in subsection (a) and inserting ‘officer, employee, or designee of the National Transportation Safety Board in the conduct of any accident or incident investigation or study--’;[<-Struck out]

[Struck out->](2) by adding at the end of subsection (b)(1) the following: ‘The Board may download or seize any recording device and recordings and may require specific information only available from the manufacturer to enable the Board to read and interpret any flight parameter or navigation storage device or media on board the accident aircraft. The provisions of section 1114(b) of this chapter shall apply to matters properly identified as trade secrets or commercial or financial information.’; and[<-Struck out]

[Struck out->](3) by inserting after ‘component.’ in subsection (c) the following: ‘The officer or employee may download or seize any recording device and recordings, and may require the production of specific information only available from the manufacturer to enable the Board to read and interpret any operational parameter or navigation storage device or media on board the accident vehicle, vessel, or rolling stock. The provisions of section 1114(b) of this chapter shall apply to matters properly identified as trade secrets or commercial or financial information.’.[<-Struck out]

[Struck out->]SEC. 5. AVIATION PENALTIES AND FAMILY ASSISTANCE.[<-Struck out]

[Struck out->](a) FAMILY ASSISTANCE IN COMMERCIAL AVIATION ACCIDENTS-Section 41113(b)(7) of title 49, United States Code is amended by striking ‘months.’ and inserting ‘months and that, prior to destruction of unclaimed possessions, a reasonable attempt will be made to notify the family of each passenger within 60 days of any planned destruction date.’. [<-Struck out]

[Struck out->](b) FAMILY ASSISTANCE IN COMMERCIAL AVIATION ACCIDENTS INVOLVING FOREIGN CARRIERS-Section 41313(c)(7) of title 49, United States Code is amended by striking ‘accident.’ and inserting ‘accident and that, prior to destruction of unclaimed possessions, a reasonable attempt will be made to notify the family of each passenger within 60 days of any planned destruction date.’. [<-Struck out]

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘National Transportation Safety Board Reauthorization Act of 200910’.CommentsClose CommentsPermalink

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL- Section 1118(a) of title 49, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(a) IN GENERAL- There are authorized to be appropriated for the purposes of this chapter $100,000,000 for fiscal year 2010, $105,000,000 for fiscal year 2011, $112,000,000 for fiscal year 2012, $118,0098,050,000 for fiscal year 2013, and $124,001 and $98,050,000 for fiscal year 20142. Such sums shall remain available until expended.’.CommentsClose CommentsPermalink





(b) FEES, REFUNDS, REIMBURSEMENTS, AND ADVANCES- Section 1118(c) of such title is amended to read as follows:CommentsClose CommentsPermalink





‘(c) Fees, Refunds, Reimbursements, and Advances-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Board may impose and collect such fees, refunds, reimbursements, and advances as it determines to be appropriate for activities, services, and facilities provided by or through the Board.CommentsClose CommentsPermalink





‘(2) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS- Notwithstanding section 3302 of title 31, any fee, refund, reimbursement, or advance collected under this subsection--CommentsClose CommentsPermalink





‘(A) shall be credited as offsetting collections to the account that finances the activities, services, or facilities for which the fee, refund, reimbursement, or advance is associated;CommentsClose CommentsPermalink





‘(B) shall be available for expenditure only to pay the costs of activities, services, or facilities for which the fee, refund, reimbursement, or advance is associated; andCommentsClose CommentsPermalink





‘(C) shall remain available until expended.CommentsClose CommentsPermalink





‘(3) RECORD- The Board shall maintain an annual record of collections received under paragraph (2).CommentsClose CommentsPermalink





‘(4) REFUNDS- The Board may refund any fee or advance paid by mistake or any amount paid in excess of that required.’.CommentsClose CommentsPermalink

SEC. 3. TECHNICAL CORRECTIONS.

(a) DEFINITIONS- Section 1101 of title 49, United States Code, is amended by striking ‘otherwise.’ and inserting ‘otherwise, and may include incidents not involving destruction or damage, but significantly affecting transportation safety, as the Board may prescribe or Congress may direct.’.CommentsClose CommentsPermalink





(b) GENERAL ORGANIZATION- Section 1111(d) of title 49, United States Code, is amended by striking ‘absent’ and inserting ‘unavailable’.CommentsClose CommentsPermalink





(c) ADMINISTRATIVE- Section 1113 of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting ‘or depositions’ in paragraph (a)(1) after ‘hearings’; andCommentsClose CommentsPermalink





(2) by inserting ‘In the interest of transportation safety, the Board shall have the authority by subpoena to summon witnesses and obtain any and all evidence relevant to an accident investigation conducted under this chapter.’ after ‘(2)’ in subsection (a)(2).CommentsClose CommentsPermalink





(d) DISCLOSURE, AVAILABILITY, AND USE OF INFORMATION- Section 1114 of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking the heading for subsection (b) and inserting ‘(b) TRADE SECRETS; COMMERCIAL OR FINANCIAL INFORMATION- ’;CommentsClose CommentsPermalink





(2) by inserting ‘submitted to the Board in the course of a Board investigation or study and’ in subsection (b)(1) after ‘information’ the first place it appears;CommentsClose CommentsPermalink





(3) by striking ‘title 18’ in subsection (b)(1) and inserting ‘title 18, or commercial or financial information,’;CommentsClose CommentsPermalink





(4) by striking ‘safety’ in subsection (b)(1)(D) the first place it appears and inserting ‘safety, including through the issuance of reports of accident investigation or safety studies and safety recommendations,’;CommentsClose CommentsPermalink





(5) by inserting ‘subparagraphs (A) through (C) of’ after ‘under’ in subsection (b)(2);CommentsClose CommentsPermalink





(6) by adding at the end of subsection (b) the following:CommentsClose CommentsPermalink





‘(4) Each person submitting to the Board trade secrets, commercial or financial information, or information that could be classified as controlled under the International Traffic in Arms Regulations shall appropriately annotate the information to indicate the restricted nature of the information in order to facilitate proper handling of such materials by the Board.’;CommentsClose CommentsPermalink





(7) by striking ‘shall’ in paragraph(1)(A) of subsection (f) and inserting ‘may’;CommentsClose CommentsPermalink





(8) by striking ‘information’ in paragraph (2) of subsection (f) and inserting ‘information, or other relevant information authorized for disclosure under this chapter,’; andCommentsClose CommentsPermalink





(9) by adding at the end thereof the following:CommentsClose CommentsPermalink





‘(g) ONGOING BOARD INVESTIGATIONS- (1) Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, may publicly disclose records related to an ongoing Board investigation, and such records shall be exempt from disclosure under section 552(b)(3) of title 5. Notwithstanding the preceding sentence, the Board may make public specific records relevant to the investigation, release of which in the Board’s judgment is necessary to promote transportation safety--CommentsClose CommentsPermalink





‘(A) if the Board holds a public hearing on the accident or incident, at the time of the hearing;CommentsClose CommentsPermalink





‘(B) if the Board does not hold a public hearing, at the time the Board determines that substantial portions of the underlying factual reports on the accident or incident, and supporting evidence, will be placed in the public docket; orCommentsClose CommentsPermalink





‘(C) if the Board determines during an ongoing investigation or study that circumstances warrant disclosure of specific factual material and that such material need be placed in the public docket to facilitate dialogue with other agencies or instrumentalities, regulatory bodies, industry or industry groups, or Congress.CommentsClose CommentsPermalink





‘(2) This subsection does not prevent the Board from referring at any time to evidence from an ongoing investigation in making safety recommendations.CommentsClose CommentsPermalink





‘(3) In this subsection, the term ‘ongoing investigation’ means that period beginning at the time the Board is notified of an accident or incident and ending when the Board issues a final report or brief, or determines to close an investigation without issuing a report or brief.’.CommentsClose CommentsPermalink





(e) REPORTS AND STUDIES--Section 1116(b) of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘carry out’ in paragraph (1) and inserting ‘conduct’; andCommentsClose CommentsPermalink





(2) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(3) prescribe requirements for persons reporting accidents and incidents that may be investigated by the Board under this chapter;’.CommentsClose CommentsPermalink





(f) DISCOVERY AND USE OF COCKPIT AND SURFACE VEHICLE RECORDINGS AND TRANSCRIPTS- Section 1154(a)(1)(A) of title 49, United States Code, is amended by striking ‘and’ and inserting ‘or’.CommentsClose CommentsPermalink

SEC. 4. AUTHORITY OF THE BOARD.

(a) EVALUATION AND AUDIT- Section 1138(a) of title 49, United States Code, is amended by striking ‘conducted at least annually, but may be’.CommentsClose CommentsPermalink





(b) TRAINING OF BOARD EMPLOYEES AND OTHERS- Section 1115(d) of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘investigation.’ and inserting ‘investigation, including investigation theory and techniques and transportation safety, to advance Board safety recommendations.’;CommentsClose CommentsPermalink





(2) by striking ‘training.’ and inserting ‘training or who influence transportation safety through support or adoption of Board safety recommendations.’; andCommentsClose CommentsPermalink





(3) by striking ‘collections.’ and inserting ‘collections under the provisions of section 1118 of this chapter.’.CommentsClose CommentsPermalink





(c) ACCIDENT INVESTIGATION AUTHORITY- Section 1131 of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking subsection (a)(1)(C) and inserting the following:CommentsClose CommentsPermalink





‘(C) a freight or passenger railroad accident in which there is a fatality (other than a fatality involving a trespasser), substantial property damage, or significant injury to the environment;’;CommentsClose CommentsPermalink





(2) by striking ‘and’ after the semicolon in subsection (a)(1)(E);CommentsClose CommentsPermalink





(3) by inserting ‘or incident’ after ‘accident’ each place it appears in subsection (a)(1)(F);CommentsClose CommentsPermalink





(4) by striking ‘chapter.’ in subsection (a)(1)(F) and inserting ‘chapter;’;CommentsClose CommentsPermalink





(5) by adding at the end of subsection (a)(1) the following:CommentsClose CommentsPermalink





‘(G) an accident or incident in response to an international request and delegation under appropriate international conventions, coordinated through the Department of State and accepted by the Board; andCommentsClose CommentsPermalink





‘(H) an incident or incidents significantly affecting transportation safety, as defined by the Board, under rules and in such detail as the Board may prescribe.’;CommentsClose CommentsPermalink





(6) by striking ‘paragraph (1)(A)-(D) or (F)’ in subsection (a)(2)(A) and inserting ‘any of subparagraphs (A) through (F) of paragraph (1)’;(7) by inserting ‘or incident’ after ‘accident’ each place it appears in subsection (a)(3);CommentsClose CommentsPermalink





(87) by inserting ‘or relevant to’ after ‘developed about’ in subsection (a)(3);CommentsClose CommentsPermalink





(98) by inserting ‘AND INCIDENT’ after ‘Accident’ in the heading for subsection (e); andCommentsClose CommentsPermalink





(109) by inserting ‘and incident’ in subsection (e) after ‘each accident’.CommentsClose CommentsPermalink





(d) Civil Aircraft and Maritime Accident Investigations-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 1132 of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(A) by inserting ‘or have investigated’ in subsection (a)(1) after ‘investigate’;CommentsClose CommentsPermalink





(B) by striking ‘aircraft;’ in subsection (a)(1)(A) and inserting ‘aircraft or a commercial space launch vehicle;’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(e) AUTHORITY OF BOARD REPRESENTATIVE- The Board may, with the consent of the Secretary, delegate to the Department of Transportation full authority to obtain the facts of any aviation accident or incident the Board shall investigate, and the on-scene representative of the Secretary shall have the full authority of the Board to, on display of appropriate credentials and written notice of inspection authority, enter property where an aviation accident has occurred or wreckage from the accident is located and do anything necessary to gather evidence in support of a Board investigation, in accordance with such rules as the Board may prescribe.CommentsClose CommentsPermalink





‘(f) MARITIME ACCIDENT INVESTIGATIONS- The Board may, with the consent of the Secretary of the department in which the Coast Guard is operating, delegate to the Coast Guard full authority to obtain the facts of any maritime accident or incident the Board shall investigate, and the on-scene representative of the Commandant of the Coast Guard shall have the full authority of the Board to, on display of appropriate credentials and written notice of inspection authority, enter property where a maritime accident has occurred or wreckage from the accident is located and do anything necessary to gather evidence in support of a Board investigation, in accordance with such rules as the Board may prescribe.’.CommentsClose CommentsPermalink





(2) Conforming amendments-CommentsClose CommentsPermalink





(A) The heading for section 1132 of title 49, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

‘1132. Civil aircraft and maritime accident investigations’.

(B) The table of contents for chapter 11 of title 49, United States Code, is amended by striking the item relating to section 1132 and inserting the following:CommentsClose CommentsPermalink





‘1132. Civil aircraft and maritime accident investigations’.CommentsClose CommentsPermalink





(e) INSPECTIONS AND AUTOPSIES- Section 1134 of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘officer or employee of the National Transportation Safety Board--’ in subsection (a) and inserting ‘officer, employee, or designee of the National Transportation Safety Board in the conduct of any accident or incident investigation or study--’;CommentsClose CommentsPermalink





(2) by adding at the end of subsection (b)(1) the following: ‘The Board may download or seize any recording device and recordings and may require specific information only available from the manufacturer to enable the Board to read and interpret any flight parameter or navigation storage device or media on board the accident aircraft. The provisions of section 1114(b) of this chapter shall apply to matters properly identified as trade secrets or commercial or financial information.’; andCommentsClose CommentsPermalink





(3) by inserting after ‘component.’ in subsection (c) the following: ‘The officer or employee may download or seize any recording device and recordings, and may require the production of specific information only available from the manufacturer to enable the Board to read and interpret any operational parameter or navigation storage device or media on board the accident vehicle, vessel, or rolling stock. The provisions of section 1114(b) of this chapter shall apply to matters properly identified as trade secrets or commercial or financial information.’.CommentsClose CommentsPermalink

SEC. 5. AVIATION PENALTIES AND FAMILY ASSISTANCE.

(a) FAMILY ASSISTANCE IN COMMERCIAL AVIATION ACCIDENTS- Section 41113(b)(7) of title 49, United States Code, is amended by striking ‘months.’ and inserting ‘months and that, prior to destruction of unclaimed possessions, a reasonable attempt will be made to notify the family of each passenger within 60 days of any planned destruction date.’.CommentsClose CommentsPermalink





(b) FAMILY ASSISTANCE IN COMMERCIAL AVIATION ACCIDENTS INVOLVING FOREIGN CARRIERS- Section 41313(c)(7) of title 49, United States Code, is amended by striking ‘accident.’ and inserting ‘accident and that, prior to destruction of unclaimed possessions, a reasonable attempt will be made to notify the family of each passenger within 60 days of any planned destruction date.’.CommentsClose CommentsPermalink

SEC. 6. ACCIDENT-RELATED INFORMATION RELEASE POLICY REPORT.

Within 180 days after the date of enactment of this Act, the National Transportation Safety Board shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report describing the policies, procedures, and guidelines used by the Board in the expedited release of factual accident-related information to victims and their families, Federal, State, and local accident investigators and agencies, private or third party investigation partners, the public, and other stakeholders.CommentsClose CommentsPermalink

Calendar No. 273

To amend title 49, United States Code, to authorize appropriations for the National Transportation Safety Board for fiscal years 2010 through 20141 and 2012, and for other purposes.