A bill to amend title 49, United States Code, to authorize appropriations for the National Transportation Safety Board for fiscal years 2011 and 2012, and for other purposes.

Summary: National Transportation Safety Board Reauthorization Act of 2010 - (Sec. 2) Reauthorizes appropriations to the National Transportation Safety Board (NTSB) for FY2011 and FY2012.

(Sec. 3) Revises the term "accident" to expand the NTSB's authority to investigate, at its discretion, accidents not involving the destruction or damage of a vehicle, aircraft, or pipeline, but significantly affecting transportation safety.

Authorizes the NTSB by subpoena to summon witnesses and obtain any and all evidence relevant to an accident investigation.

Prohibits the NTSB (including any agency that has received information from the NTSB) from disclosing publicly any commercial or financial or certain classified information during ongoing NTSB accident investigations. Authorizes public disclosure of such information when necessary, in certain circumstances, to promote transportation safety.

(Sec. 4) Authorizes accident investigation training of NTSB employees in theory and techniques and on transportation safety methods in order to advance NTSB safety recommendations.

Revises the authority of the NTSB to investigate transportation accidents to include: (1) freight or passenger railroad accidents involving a fatality (other than a fatality involving a trespasser), substantial property damage, or significant injury to the environment; (2) accidents or incidents in response to an international request and delegation under appropriate conventions, coordinated through the Department of State and accepted by the NTSB; (3) accidents or incidents significantly affecting transportation safety; and (4) accidents involving a commercial space launch vehicle.

Authorizes the NTSB, with the consent of the appropriate Secretary, to delegate its authority to investigate: (1) aviation accidents or incidents to the Department of Transportation; and (2) maritime accidents or incidents to the Coast Guard.

Authorizes the NTSB, as well as any NTSB officer or employee, to download or seize any recording device and recordings and require specific information only available from the manufacturer to enable the NTSB to read and interpret any flight parameter or navigation storage device or media on board an accident aircraft.

(Sec. 5) Revises requirements for domestic and foreign air carrier plans for addressing the needs of families of passengers involved in aircraft accidents that incur major loss of life. Requires domestic and foreign air carriers to make a reasonable attempt to notify the family of a passenger at least 60 days prior to the planned destruction of any unclaimed property of the passenger.

(Sec. 6) Directs the NTSB to report to specified congressional committees on policies, procedures, and guidelines it has used to expedite the release of factual accident-related information to accident victims and their families, federal, state, and local accident investigators and agencies, private or third party investigation partners, the public, and other specified stakeholders.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Transportation Safety Board 
Reauthorization Act of 2010''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 1118(a) of title 49, United States Code, 
is amended to read as follows:
    ``(a) In General.--There are authorized to be appropriated for the 
purposes of this chapter $98,050,000 for fiscal year 2011 and 
$98,050,000 for fiscal year 2012. Such sums shall remain available 
until expended.''.
    (b) Fees, Refunds, Reimbursements, and Advances.--Section 1118(c) 
of such title is amended to read as follows:
    ``(c) Fees, Refunds, Reimbursements, and Advances.--
            ``(1) In general.--The Board may impose and collect such 
        fees, refunds, reimbursements, and advances as it determines to 
        be appropriate for activities, services, and facilities 
        provided by or through the Board.
            ``(2) Receipts credited as offsetting collections.--
        Notwithstanding section 3302 of title 31, any fee, refund, 
        reimbursement, or advance collected under this subsection--
                    ``(A) shall be credited as offsetting collections 
                to the account that finances the activities, services, 
                or facilities for which the fee, refund, reimbursement, 
                or advance is associated;
                    ``(B) shall be available for expenditure only to 
                pay the costs of activities, services, or facilities 
                for which the fee, refund, reimbursement, or advance is 
                associated; and
                    ``(C) shall remain available until expended.
            ``(3) Record.--The Board shall maintain an annual record of 
        collections received under paragraph (2).
            ``(4) Refunds.--The Board may refund any fee or advance 
        paid by mistake or any amount paid in excess of that 
        required.''.

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.''.
    (b) General Organization.--Section 1111(d) of title 49, United 
States Code, is amended by striking ``absent'' and inserting 
``unavailable''.
    (c) Administrative.--Section 1113 of title 49, United States Code, 
is amended--
            (1) by inserting ``or depositions'' in paragraph (a)(1) 
        after ``hearings''; and
            (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).
    (d) Disclosure, Availability, and Use of Information.--Section 1114 
of title 49, United States Code, is amended--
            (1) by striking the heading for subsection (b) and 
        inserting ``(b) Trade Secrets; Commercial or Financial 
        Information.--'';
            (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;
            (3) by striking ``title 18'' in subsection (b)(1) and 
        inserting ``title 18, or commercial or financial 
        information,'';
            (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,'';
            (5) by inserting ``subparagraphs (A) through (C) of'' after 
        ``under'' in subsection (b)(2);
            (6) by adding at the end of subsection (b) the following:
    ``(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.'';
            (7) by striking ``shall'' in paragraph(1)(A) of subsection 
        (f) and inserting ``may'';
            (8) by striking ``information'' in paragraph (2) of 
        subsection (f) and inserting ``information, or other relevant 
        information authorized for disclosure under this chapter,''; 
        and
            (9) by adding at the end thereof the following:
    ``(g) Ongoing Board Investigations.--(1) Notwithstanding any other 
provision of law, neither the Board, nor any agency receiving 
information from the Board, may publicly disclose records related to an 
ongoing Board investigation, and such records shall be exempt from 
disclosure under section 552(b)(3) of title 5. Notwithstanding the 
preceding sentence, the Board may make public specific records relevant 
to the investigation, release of which in the Board's judgment is 
necessary to promote transportation safety--
            ``(A) if the Board holds a public hearing on the accident 
        or incident, at the time of the hearing;
            ``(B) if the Board does not hold a public hearing, at the 
        time the Board determines that substantial portions of the 
        underlying factual reports on the accident or incident, and 
        supporting evidence, will be placed in the public docket; or
            ``(C) if the Board determines during an ongoing 
        investigation or study that circumstances warrant disclosure of 
        specific factual material and that such material need be placed 
        in the public docket to facilitate dialogue with other agencies 
        or instrumentalities, regulatory bodies, industry or industry 
        groups, or Congress.
    ``(2) This subsection does not prevent the Board from referring at 
any time to evidence from an ongoing investigation in making safety 
recommendations.
    ``(3) In this subsection, the term `ongoing investigation' means 
that period beginning at the time the Board is notified of an accident 
or incident and ending when the Board issues a final report or brief, 
or determines to close an investigation without issuing a report or 
brief.''.
    (e) Reports and Studies--Section 1116(b) of title 49, United States 
Code, is amended--
            (1) by striking ``carry out'' in paragraph (1) and 
        inserting ``conduct''; and
            (2) by striking paragraph (3) and inserting the following:
            ``(3) prescribe requirements for persons reporting 
        accidents and incidents that may be investigated by the Board 
        under this chapter;''.
    (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''.

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''.
    (b) Training of Board Employees and Others.--Section 1115(d) of 
title 49, United States Code, is amended--
            (1) by striking ``investigation.'' and inserting 
        ``investigation, including investigation theory and techniques 
        and transportation safety, to advance Board safety 
        recommendations.'';
            (2) by striking ``training.'' and inserting ``training or 
        who influence transportation safety through support or adoption 
        of Board safety recommendations.''; and
            (3) by striking ``collections.'' and inserting 
        ``collections under the provisions of section 1118 of this 
        chapter.''.
    (c) Accident Investigation Authority.--Section 1131 of title 49, 
United States Code, is amended--
            (1) by striking subsection (a)(1)(C) and inserting the 
        following:
            ``(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;'';
            (2) by striking ``and'' after the semicolon in subsection 
        (a)(1)(E);
            (3) by inserting ``or incident'' after ``accident'' each 
        place it appears in subsection (a)(1)(F);
            (4) by striking ``chapter.'' in subsection (a)(1)(F) and 
        inserting ``chapter;'';
            (5) by adding at the end of subsection (a)(1) the 
        following:
            ``(G) an accident or incident in response to an 
        international request and delegation under appropriate 
        international conventions, coordinated through the Department 
        of State and accepted by the Board; and
            ``(H) an incident or incidents significantly affecting 
        transportation safety, as defined by the Board, under rules and 
        in such detail as the Board may prescribe.'';
            (6) by inserting ``or incident'' after ``accident'' each 
        place it appears in subsection (a)(3);
            (7) by inserting ``or relevant to'' after ``developed 
        about'' in subsection (a)(3);
            (8) by inserting ``and Incident'' after ``Accident'' in the 
        heading for subsection (e); and
            (9) by inserting ``and incident'' in subsection (e) after 
        ``each accident''.
    (d) Civil Aircraft and Maritime Accident Investigations.--
            (1) In General.--Section 1132 of title 49, United States 
        Code, is amended--
                    (A) by inserting ``or have investigated'' in 
                subsection (a)(1) after ``investigate'';
                    (B) by striking ``aircraft;'' in subsection 
                (a)(1)(A) and inserting ``aircraft or a commercial 
                space launch vehicle;''; and
                    (C) by adding at the end the following:
    ``(e) Authority of Board Representative.--The Board may, with the 
consent of the Secretary, delegate to the Department of Transportation 
full authority to obtain the facts of any aviation accident or incident 
the Board shall investigate, and the on-scene representative of the 
Secretary shall have the full authority of the Board to, on display of 
appropriate credentials and written notice of inspection authority, 
enter property where an aviation accident has occurred or wreckage from 
the accident is located and do anything necessary to gather evidence in 
support of a Board investigation, in accordance with such rules as the 
Board may prescribe.
    ``(f) Maritime accident investigations.--The Board may, with the 
consent of the Secretary of the department in which the Coast Guard is 
operating, delegate to the Coast Guard full authority to obtain the 
facts of any maritime accident or incident the Board shall investigate, 
and the on-scene representative of the Commandant of the Coast Guard 
shall have the full authority of the Board to, on display of 
appropriate credentials and written notice of inspection authority, 
enter property where a maritime accident has occurred or wreckage from 
the accident is located and do anything necessary to gather evidence in 
support of a Board investigation, in accordance with such rules as the 
Board may prescribe.''.
            (2) Conforming amendments.--
                    (A) The heading for section 1132 of title 49, 
                United States Code, is amended to read as follows:
``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:

``1132. Civil aircraft and maritime accident investigations''.
    (e) Inspections and Autopsies.--Section 1134 of title 49, United 
States Code, is amended--
            (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--'';
            (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
            (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.''.

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.''.
    (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.''.

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.

            Passed the Senate May 13, 2010.

            Attest:

                                                             Secretary.
111th CONGRESS

  2d Session

                                S. 2768

_______________________________________________________________________

                                 AN ACT

To amend title 49, United States Code, to authorize appropriations for 
  the National Transportation Safety Board for fiscal years 2011 and 
                     2012, and for other purposes.