U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

79–010 

" ! SENATE 115TH CONGRESS

2d Session 

REPORT

2018

115–293 

Calendar No. 506 

NATIONAL TRANSPORTATION SAFETY 

BOARD REAUTHORIZATION ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2202 

JULY 10, 2018.—Ordered to be printed 


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(II) 

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 MARGARET WOOD HASSAN, New Hampshire 

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 


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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 


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1 49 U.S.C. §1111(b) and (c). 

2 49 U.S.C. §1111(d). 

3The National Transportation Safety Board (NTSB), ‘‘Fiscal Year 2017 Budget Request,’’ 2016. 

4P.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. 

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

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

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 


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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. 


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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 Na- tional 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 


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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. 


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7 P.L. 115–31, 131 Stat. 135. 

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. 

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. 


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8Section 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. 

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. 

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. 


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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. 


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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 


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9P.L. 114–110, 129 Stat. 2228. 

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

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

§ 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. 


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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 ø2 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. 


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§ 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; øand¿ 

(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, 

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eration for the reasonable costs of any facilities, goods, 

services, or training provided by the Boardø.¿; 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) * * * 

ø(h) INVESTIGATIVE OFFICERS.—The Board shall maintain at 

least 1 full-time employee in each State located more than 1,000 

miles from the nearest Board regional office to provide initial investigative response to accidents the Board is empowered to investigate under this chapter that occur in that State.¿ 

§ 1114. Disclosure, availability, and use of information 

(a) GENERAL.— (1) Except as provided in subsections (b), (c), (d), and (f) of 

this section, a copy of a record, information, or investigation 

submitted or received by the National Transportation Safety 

Board, or a member or employee of the Board, shall be made 

available to the public on identifiable request and at reasonable cost. This subsection does not require the release of information described by section 552(b) of title 5 or protected from 

disclosure by another law of the United States. 

(2) The Board shall deposit in the Treasury amounts received under paragraph (1) to be credited to the appropriation 

of the Board as offsetting collections. 

(b) øTRADE SECRETS¿ CERTAIN CONFIDENTIAL INFORMATION.— 

(1) IN GENERAL.—The Board may disclose øinformation 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) øto 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.—øInformation¿Information disclosed under paragraph (1) of this subVerDate Sep 11 2014 04:13 Jul 15, 2018 Jkt 079010 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\SR293.XXX SR293

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section may be disclosed only in a way designed to preserve its 

confidentiality. 

(3) PROTECTION OF VOLUNTARY SUBMISSION OF INFORMA- TION.—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.—øThe 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. 

ø(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.—øThe 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. 


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øHowever, 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—¿ 

ø(A) if the Board holds a public hearing on the accident, 

at the time of the hearing; or 

ø(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. 

ø(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.— 


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(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. 

§ 1117. øAnnual 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. 


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(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. 


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§ 1118. Authorization of appropriations 

ø(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

§ 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 øa 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; 


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(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 


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information developed about the accident is exchanged in a 

timely manner. 

(b) * * * 

§ 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. 


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(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. 

§ 1136. Assistance to families of passengers involved in aircraft accidents 

(a) IN GENERAL.—As soon as practicable after being notified of an 

øaircraft 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: 

ø(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 aircraftø; 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 flightø.¿; and 

(C) any other person injured or killed in the aircraft accident, as determined appropriate by the Board. 

(i) * * * 

§ 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. 


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(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; 

ø(5)¿(6) the extent to which the Board follows leading practices in selected management areas; and 

ø(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. 

§ 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

§ 1154. Discovery and use of cockpit and surface vehicle recordings and transcripts 

(a) øTRANSCRIPTS 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; 

ø(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 

ø(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 


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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 ørecorder 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 ørecorder 

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 øthe 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 øthe 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 øthe 

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 øthe part of the transcript or the recording¿ the still image, 


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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. 

ø(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

§ 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 øa 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 


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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 ø(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 ømajor¿ 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 øsignificant¿ any damage to a manmade structure or 

other property on the ground that is not government-owned, 


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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 accidentsite 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

§ 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 øa 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 øa 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 øa significant¿ any loss of life before providing any public notice of the 


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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. 

ø(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 


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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 ømajor¿ 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 STRUC- TURES.— 

(A) IN GENERAL.—An assurance that, in the case of an 

accident that results in øsignificant¿ 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. 


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(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. 

Æ 


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