II 

Calendar No. 506 

115TH CONGRESS 

2D SESSION S. 2202 

[Report No. 115–293] 

To amend title 49, United States Code, to authorize appropriations for 

the National Transportation Safety Board, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 6, 2017 

Mr. THUNE (for himself, Mr. NELSON, Mrs. FISCHER, Mr. BOOKER, Mr. 

BLUNT, and Ms. CANTWELL) introduced the following bill; which was 

read twice and referred to the Committee on Commerce, Science, and 

Transportation 

JULY 10, 2018 

Reported by Mr. THUNE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend title 49, United States Code, to authorize appropriations for the National Transportation Safety Board, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF2 ERENCES. 

3 (a) SHORT TITLE.—This Act may be cited as the 

4 ‘‘National Transportation Safety Board Reauthorization 

5 Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents; references. 

Sec. 2. Definitions. 

Sec. 3. Authorization of appropriations. 

Sec. 4. Still images. 

Sec. 5. Information sharing. 

Sec. 6. Electronic records. 

Sec. 7. Report on Most Wanted List methodology. 

Sec. 8. Methodology sections. 

Sec. 9. Addressing the needs of families of individuals involved in accidents. 

Sec. 10. Government Accountability Office report on investigation launch decision-making processes. 

Sec. 11. Periodic review of safety recommendations. 

Sec. 12. General organization. 

Sec. 13. Technical and conforming amendments. 

8 (c) REFERENCES TO TITLE 49, UNITED STATES

9 CODE.—Except as otherwise expressly provided, wherever 

10 in this Act an amendment or repeal is expressed in terms 

11 of an amendment to, or repeal of, a section or other provi12 sion, the reference shall be considered to be made to a 

13 section or other provision of title 49, United States Code. 

14 SEC. 2. DEFINITIONS. 

15 In this Act: 

16 (1) BOARD.—The term ‘‘Board’’ means the Na17 tional Transportation Safety Board. 


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1 (2) CHAIRMAN.—The term ‘‘Chairman’’ means 

2 the Chairman of the National Transportation Safety 

3 Board. 

4 (3) MOST WANTED LIST.—The term ‘‘Most 

5 Wanted List’’ means the Board publication entitled 

6 ‘‘Most Wanted List’’. 

7 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

8 Section 1118(a) is amended to read as follows: 

9 ‘‘(a) IN GENERAL.—There are authorized to be ap10 propriated for the purposes of this chapter— 

11 ‘‘(1) $111,400,000 for fiscal year 2019; 

12 ‘‘(2) $112,400,000 for fiscal year 2020; 

13 ‘‘(3) $113,400,000 for fiscal year 2021; 

14 ‘‘(4) $114,400,000 for fiscal year 2022; and 

15 ‘‘(5) $115,400,000 for fiscal year 2023.’’. 

16 SEC. 4. STILL IMAGES. 

17 (a) STILL IMAGES, VOICE RECORDERS, AND VIDEO

18 RECORDERS.— 

19 (1) COCKPIT RECORDINGS AND TRANSCRIPTS.— 

20 Section 1114(c) is amended— 

21 (A) by redesignating paragraph (2) as 

22 paragraph (3); 

23 (B) in paragraph (3), as redesignated, by 

24 inserting ‘‘REFERENCES TO INFORMATION IN


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1 MAKING SAFETY RECOMMENDATIONS.—’’ before 

2 ‘‘This’’; and 

3 (C) in paragraph (1)— 

4 (i) in the first sentence, by striking 

5 ‘‘The Board’’ and inserting ‘‘CONFIDEN6 TIALITY OF RECORDINGS.—Except as pro7 vided in paragraph (2), the Board’’; and 

8 (ii) by amending the second sentence 

9 to read as follows: 

10 ‘‘(2) EXCEPTION.—Subject to subsections (b) 

11 and (g), the Board shall make public any part of a 

12 transcript, any written depiction of visual informa13 tion obtained from a video recorder, or any still 

14 image obtained from a video recorder the Board de15 cides is relevant to the accident— 

16 ‘‘(A) if the Board holds a public hearing 

17 on the accident or incident, at the time of the 

18 hearing; or 

19 ‘‘(B) if the Board does not hold a public 

20 hearing, at the time a majority of the other fac21 tual reports on the accident are placed in the 

22 public docket.’’. 

23 (2) SURFACE VEHICLE RECORDINGS AND TRAN24 SCRIPTS.—Section 1114(d) is amended— 


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1 (A) by redesignating paragraph (2) as 

2 paragraph (3); and 

3 (B) in paragraph (1)— 

4 (i) in the first sentence, by striking 

5 ‘‘The Board’’ and inserting ‘‘Except as 

6 provided in paragraph (2), the Board’’; 

7 and 

8 (ii) by amending the second sentence 

9 to read as follows: 

10 ‘‘(2) EXCEPTION.—Subject to subsections (b) 

11 and (g), the Board shall make public any part of a 

12 transcript, any written depiction of visual informa13 tion obtained from a video recorder, or any still 

14 image obtained from a video recorder the Board de15 cides is relevant to the accident— 

16 ‘‘(A) if the Board holds a public hearing 

17 on the accident, at the time of the hearing; or 

18 ‘‘(B) if the Board does not hold a public 

19 hearing, at the time a majority of the other fac20 tual reports on the accident are placed in the 

21 public docket.’’. 

22 (3) PRIVACY PROTECTIONS.—Section 1114 is 

23 amended by adding at the end the following: 

24 ‘‘(g) PRIVACY PROTECTIONS.—Before making public 

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1 section (c)(2) or subsection (d)(2), the Board shall take 

2 such action as appropriate to protect from public disclo3 sure any information that readily identifies an individual, 

4 including a decedent.’’. 

5 (b) COCKPIT AND SURFACE VEHICLE RECORDINGS

6 AND TRANSCRIPTS.—Section 1154(a) is amended— 

7 (1) in the heading, by striking ‘‘TRANSCRIPTS

8 AND RECORDINGS’’ and inserting ‘‘IN GENERAL’’; 

9 (2) in paragraph (1)— 

10 (A) by redesignating subparagraphs (A) 

11 and (B) as subparagraphs (B) and (C), respec12 tively; and 

13 (B) by inserting before subparagraph (B) 

14 the following: 

15 ‘‘(A) any still image that the National 

16 Transportation Safety Board has not made 

17 available to the public under section 1114(c) or 

18 1114(d) of this title;’’; 

19 (3) in paragraph (3)— 

20 (A) in the matter preceding subparagraph 

21 (A), by striking ‘‘recorder recording’’ and in22 serting ‘‘recorder recording, including with re23 gard to a video recording any still image that 

24 the National Transportation Safety Board has 


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1 not made available to the public under section 

2 1114(c) or 1114(d) of this title,’’; and 

3 (B) in subparagraph (B), by striking ‘‘re4 corder recording’’ and inserting ‘‘recorder re5 cording, including with regard to a video re6 cording any still image that the National 

7 Transportation Safety Board has not made 

8 available to the public under section 1114(c) or 

9 1114(d) of this title,’’; and 

10 (4) in paragraph (4)— 

11 (A) in subparagraph (A)— 

12 (i) by inserting ‘‘a still image or’’ be13 fore ‘‘a part of a cockpit’’; and 

14 (ii) by striking ‘‘the part of the tran15 script or the recording’’ each place it ap16 pears and inserting ‘‘the still image, the 

17 part of the transcript, or the recording’’; 

18 (B) in subparagraph (B)— 

19 (i) by inserting ‘‘a still image or’’ be20 fore ‘‘a part of a cockpit’’; and 

21 (ii) by striking ‘‘the part of the tran22 script or the recording’’ each place it ap23 pears and inserting ‘‘the still image, the 

24 part of the transcript, or the recording’’; 

25 and 


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1 (C) in paragraph (6)— 

2 (i) by redesignating subparagraph (B) 

3 as subparagraph (C); and 

4 (ii) by inserting after subparagraph 

5 (A) the following: 

6 ‘‘(B) STILL IMAGE.—The term ‘still image’ 

7 means any still image obtained from a video re8 corder.’’. 

9 SEC. 5. INFORMATION SHARING. 

10 (a) CONFIDENTIAL INFORMATION.—Section 1114(b) 

11 is amended— 

12 (1) in the heading, by striking ‘‘TRADE SE13 CRETS’’ and inserting ‘‘CERTAIN CONFIDENTIAL IN14 FORMATION’’; 

15 (2) in paragraph (1)— 

16 (A) in the matter preceding subparagraph 

17 (A)— 

18 (i) by inserting ‘‘IN GENERAL.—’’ be19 fore ‘‘The Board’’; and 

20 (ii) by striking ‘‘information related to 

21 a trade secret referred to in section 1905 

22 of title 18’’ and inserting ‘‘information, in23 cluding trade secrets, as described in sec24 tion 1905 of title 18’’; and 


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1 (B) in subparagraph (D), by striking ‘‘to 

2 the public to protect health and safety’’ and in3 serting ‘‘subject to paragraph (4), to the public 

4 when the Board considers it necessary to pro5 tect health and safety’’; 

6 (3) in paragraph (2), by striking ‘‘Information’’ 

7 and inserting ‘‘PRESERVATION OF CONFIDEN8 TIALITY.—Information’’; and 

9 (4) by adding at the end the following: 

10 ‘‘(4) LIMITATION.—A disclosure under para11 graph (1)(D) may only be considered necessary to 

12 protect health and safety if the Board is required 

13 under this chapter to explain a finding, a cause or 

14 probable cause, or a safety recommendation related 

15 to an accident or incident investigated by the Board 

16 and cannot reasonably fulfill its duties without such 

17 disclosure.’’. 

18 (b) SHARING INFORMATION WITH OTHER FEDERAL

19 AGENCIES.—Section 1114, as amended, is further amend20 ed by adding at the end the following: 

21 ‘‘(h) LIMITATION.—A department, agency, or instru22 mentality of the United States Government that receives 

23 information from the Board under this section may not 

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1 mation is exempted or prohibited from disclosure under 

2 this chapter or any other law of the United States.’’. 

3 SEC. 6. ELECTRONIC RECORDS. 

4 Section 1134(a)(2) is amended by inserting ‘‘includ5 ing an electronic record,’’ after ‘‘record,’’. 

6 SEC. 7. REPORT ON MOST WANTED LIST METHODOLOGY. 

7 (a) IN GENERAL.—Not later than the date that the 

8 first Most Wanted List to be published after the date of 

9 enactment of this Act is published, the Chairman shall 

10 publish on a publicly available Web site of the Board and 

11 submit to the Committee on Commerce, Science, and 

12 Transportation of the Senate and the Committee on 

13 Transportation and Infrastructure of the House of Rep14 resentatives a report on the methodology used to prioritize 

15 and select recommendations to be included by the Board 

16 in the Most Wanted List. 

17 (b) ELEMENTS.—The report under subsection (a) 

18 shall include— 

19 (1) a detailed description of how the Board ac20 counts for the risk to safety addressed in each of its 

21 recommendations, including the extent to which the 

22 Board considers— 

23 (A) the types of data and other informa24 tion, including studies and reports, used to 


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1 identify the amount and probability of risk to 

2 safety; 

3 (B) the reduction of the risk to safety, es4 timated over a period of time, by implementing 

5 each recommendation; 

6 (C) the practicality and feasibility of 

7 achieving the reduction described in subpara8 graph (B); and 

9 (D) any alternate means of reducing the 

10 risk; 

11 (2) a detailed description of the extent to which 

12 the Board considers any prior, related investigation, 

13 safety recommendation, or other safety action when 

14 prioritizing and selecting recommendations; and 

15 (3) a description of the extent of coordination 

16 and consultation when prioritizing and selecting the 

17 recommendations. 

18 (c) CONSULTATION.—The Board shall consult with 

19 the head of each relevant Federal department and agency 

20 in developing the methodology described in subsection (a). 

21 (d) GAO REPORT.—Not later than 15 months after 

22 the date that the methodology report is published under 

23 subsection (a), the Comptroller General of the United 

24 States shall submit to the Committee on Commerce, 

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1 mittee on Transportation and Infrastructure of the House 

2 of Representatives a report examining the methodology 

3 used by the Board to prioritize and select safety rec4 ommendations for inclusion in the Most Wanted List, in5 cluding the extent to which the Board— 

6 (1) utilized best practices and rigorous analysis 

7 to account for and prioritize the reduction of risk to 

8 safety; 

9 (2) accounted for and factored in practicality, 

10 feasibility, and alternative means of reducing risk; 

11 and 

12 (3) coordinated and consulted when prioritizing 

13 and selecting the recommendations. 

14 SEC. 8. METHODOLOGY SECTIONS. 

15 (a) IN GENERAL.—Not later than 2 years after the 

16 date of enactment of this Act, the Chairman shall include 

17 with each investigative report in which a recommendation 

18 is issued by the Board, a methodology section detailing 

19 the process and information underlying the selection of 

20 each recommendation. 

21 (b) ELEMENTS.—Except as provided in subsection 

22 (c), the methodology section under subsection (a) shall in23 clude, for each recommendation— 


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1 (1) a brief summary of the Board’s collection 

2 and analysis of the specific accident investigation in3 formation most relevant to the recommendation; 

4 (2) a description of the Board’s use of external 

5 information, including studies, reports, and experts, 

6 other than the findings of a specific accident inves7 tigation, to inform or support the recommendation, 

8 including a brief summary of the specific safety ben9 efits and other effects identified by each study, re10 port, or expert; 

11 (3) a brief summary of any alternative actions 

12 considered, including the alternative of not issuing a 

13 recommendation; and 

14 (4) a brief summary of any examples of actions 

15 taken by regulated entities prior to the publication 

16 of the safety recommendation, to the extent such ac17 tions are known to the Board, that were consistent 

18 with the recommendation. 

19 (c) EXCEPTION.—Subsection (a) shall not apply if 

20 the recommendation is only for a person to disseminate 

21 information on— 

22 (1) an existing agency best practices document; 

23 or 

24 (2) an existing regulatory requirement. 


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1 (d) RULE OF CONSTRUCTION.—Nothing in this sec2 tion may be construed to require any change to a rec3 ommendation made by the Board prior to the date of en4 actment of this Act, unless the recommendation is a repeat 

5 recommendation issued on or after the date of enactment 

6 of this Act. 

7 (e) SAVINGS CLAUSE.—Nothing in this section may 

8 be construed to delay publication of the findings, cause, 

9 or probable cause of a Board investigation. 

10 SEC. 9. ADDRESSING THE NEEDS OF FAMILIES OF INDIVID11 UALS INVOLVED IN ACCIDENTS. 

12 (a) AIR CARRIERS HOLDING CERTIFICATES OF PUB13 LIC CONVENIENCE AND NECESSITY.—Section 41113 is 

14 amended— 

15 (1) in subsection (a), by striking ‘‘a major’’ and 

16 inserting ‘‘any’’; and 

17 (2) in subsection (b)— 

18 (A) in paragraph (9), by striking ‘‘(and 

19 any other victim of the accident)’’ and inserting 

20 ‘‘(and any other victim of the accident, includ21 ing any victim on the ground)’’; 

22 (B) in paragraph (16), by striking ‘‘major’’ 

23 and inserting ‘‘any’’; and 

24 (C) in paragraph (17)(A), by striking ‘‘sig25 nificant’’ and inserting ‘‘any’’. 


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1 (b) FOREIGN AIR CARRIERS PROVIDING FOREIGN

2 AIR TRANSPORTATION.—Section 41313 is amended— 

3 (1) in subsection (b), by striking ‘‘a major’’ and 

4 inserting ‘‘any’’; and 

5 (2) in subsection (c)— 

6 (A) in paragraph (1), by striking ‘‘a sig7 nificant’’ and inserting ‘‘any’’; 

8 (B) in paragraph (2), by striking ‘‘a sig9 nificant’’ and inserting ‘‘any’’; 

10 (C) by amending paragraph (9) to read as 

11 follows: 

12 ‘‘(9) EQUAL TREATMENT OF PASSENGERS.—An 

13 assurance that the treatment of the families of non14 revenue passengers (and any other victim of the ac15 cident, including any victim on the ground) will be 

16 the same as the treatment of the families of revenue 

17 passengers.’’; 

18 (D) in paragraph (16), by striking 

19 ‘‘major’’ and inserting ‘‘any’’; and 

20 (E) in paragraph (17)(A), by striking ‘‘sig21 nificant’’ and inserting ‘‘any’’. 

22 (c) ASSISTANCE TO FAMILIES OF PASSENGERS IN23 VOLVED IN AIRCRAFT ACCIDENTS.—Section 1136 is 

24 amended— 


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1 (1) in subsection (a), by striking ‘‘aircraft acci2 dent within the United States involving an air car3 rier or foreign air carrier and resulting in a major 

4 loss of life’’ and inserting ‘‘aircraft accident involv5 ing an air carrier or foreign air carrier, resulting in 

6 any loss of life, and for which the National Trans7 portation Safety Board will serve as the lead inves8 tigative agency’’; and 

9 (2) by amending subsection (h)(1) to read as 

10 follows: 

11 ‘‘(1) AIRCRAFT ACCIDENT.—The term ‘aircraft 

12 accident’ means any aviation disaster, regardless of 

13 its cause or suspected cause, for which the National 

14 Transportation Safety Board is the lead investiga15 tive agency.’’. 

16 (d) INFORMATION FOR FAMILIES OF INDIVIDUALS

17 INVOLVED IN ACCIDENTS.— 

18 (1) IN GENERAL.—Chapter 11 is amended by 

19 inserting after section 1139 the following: 

20 ‘‘§ 1140. Information for families of individuals in21 volved in accidents 

22 ‘‘In the course of an investigation of an accident de23 scribed in section 1131(a)(1), except an aircraft accident 

24 described in section 1136 or a rail passenger accident de25 scribed in section 1139, the Board may, to the maximum 


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1 extent practicable, ensure that the families of individuals 

2 involved in the accident, and other individuals the Board 

3 deems appropriate— 

4 ‘‘(1) are informed as to the roles, with respect 

5 to the accident and the post-accident activities, of 

6 the Board; 

7 ‘‘(2) are briefed, prior to any public briefing, 

8 about the accident, its causes, and any other find9 ings from the investigation; and 

10 ‘‘(3) are individually informed of and allowed to 

11 attend any public hearings and meetings of the 

12 Board about the accident.’’. 

13 (2) TABLE OF CONTENTS.—The table of con14 tents of chapter 11 is amended by inserting after the 

15 item relating to section 1139 the following: 

‘‘1140. Information for families of individuals involved in accidents.’’. 

16 SEC. 10. GOVERNMENT ACCOUNTABILITY OFFICE REPORT 

17 ON INVESTIGATION LAUNCH DECISION-MAK18 ING PROCESSES. 

19 Section 1138 is amended— 

20 (1) in subsection (b)— 

21 (A) by redesignating paragraphs (5) and 

22 (6) as paragraphs (6) and (7), respectively; and 

23 (B) by inserting after paragraph (4) the 

24 following: 


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1 ‘‘(5) the process and procedures to select an ac2 cident to investigate;’’; and 

3 (2) in subsection (c), by inserting a comma 

4 after ‘‘Science’’. 

5 SEC. 11. PERIODIC REVIEW OF SAFETY RECOMMENDA6 TIONS. 

7 (a) REPORTS.—Section 1117 is amended— 

8 (1) in the heading, by striking ‘‘Annual re9 port’’ and inserting ‘‘Reports’’; 

10 (2) by inserting ‘‘(a) IN GENERAL.—’’ before 

11 ‘‘The National Transportation Safety Board shall’’; 

12 and 

13 (3) by adding at the end the following: 

14 ‘‘(b) RETROSPECTIVE REVIEW TO ENSURE UP15 DATED AND EFFECTIVE SAFETY RECOMMENDATIONS.— 

16 ‘‘(1) IN GENERAL.—Not later than June 1, 

17 2019, the Chairman shall complete, based on the 

18 public comments under paragraph (2), a comprehen19 sive review of recommendations issued by the Board 

20 that are classified as ‘open’ by the Board. 

21 ‘‘(2) PUBLIC COMMENTS.— 

22 ‘‘(A) IN GENERAL.—Before conducting a 

23 review under paragraph (1), and at least every 

24 5 years thereafter, the Chairman shall publish 

25 in the Federal Register a request for public 


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1 comment on recommendations to be updated or 

2 closed. 

3 ‘‘(B) RECOMMENDATIONS.—A request for 

4 public comment under subparagraph (A) shall 

5 solicit— 

6 ‘‘(i) recommendations to be updated 

7 or closed, including a reference to the ap8 plicable recommendation number; 

9 ‘‘(ii) justifications, including any sup10 porting information, for updating or clos11 ing a recommendation; and 

12 ‘‘(iii) if applicable, specific suggestions 

13 for updating a recommendation. 

14 ‘‘(C) PUBLIC COMMENT PERIOD.—The 

15 Chairman shall provide 90 days for public com16 ment under this subsection. 

17 ‘‘(3) CONTENTS.—A review under paragraph 

18 (1) shall include for each recommendation under 

19 paragraph (2)— 

20 ‘‘(A) consideration of each justification 

21 under paragraph (2)(B)(ii) and, if applicable, 

22 each suggestion under clause (iii) of that para23 graph; 

24 ‘‘(B) an assessment of whether the rec25 ommendation is— 


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1 ‘‘(i) outmoded or outdated in light of 

2 changed circumstances, including the avail3 ability of new technologies; 

4 ‘‘(ii) ineffective, insufficient, impracti5 cable, or infeasible for achieving its objec6 tive; 

7 ‘‘(iii) unclear; or 

8 ‘‘(iv) inconsistent with or duplicative 

9 of other recommendations; 

10 ‘‘(C) a determination, based on the assess11 ment under subparagraph (B), whether it is ap12 propriate to update or close the recommenda13 tion; and 

14 ‘‘(D) a justification for each determination 

15 under subparagraph (C). 

16 ‘‘(4) REPORT.—Not later than 180 days after 

17 the date the review under paragraph (1) is complete, 

18 the Chairman shall submit to the Committee on 

19 Commerce, Science, and Transportation of the Sen20 ate and the Committee on Transportation and Infra21 structure of the House of Representatives a report 

22 that includes— 

23 ‘‘(A) the findings of the review under para24 graph (1); 


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1 ‘‘(B) each determination under paragraph 

2 (3)(C) and justification under paragraph 

3 (3)(D); and 

4 ‘‘(C) if applicable, a schedule for updating 

5 or closing a recommendation.’’. 

6 (b) SAVINGS CLAUSE.—Nothing in this section or the 

7 amendments made by this section may be construed to 

8 limit the authority of the Board to update or close a rec9 ommendation. 

10 SEC. 12. GENERAL ORGANIZATION. 

11 (a) TERMS OF THE CHAIRMAN AND VICE CHAIR12 MAN.—Section 1111(d) is amended by striking ‘‘2 years’’ 

13 and inserting ‘‘3 years’’. 

14 (b) NONPUBLIC COLLABORATIVE DISCUSSIONS.— 

15 Section 1111 is amended by adding at the end the fol16 lowing: 

17 ‘‘(k) OPEN MEETINGS.— 

18 ‘‘(1) IN GENERAL.—The Board shall be deemed 

19 to be an agency for purposes of section 552b of title 

20 5. 

21 ‘‘(2) NONPUBLIC COLLABORATIVE DISCUS22 SIONS.— 

23 ‘‘(A) IN GENERAL.—Notwithstanding sec24 tion 552b of title 5, a majority of the members 

25 may hold a meeting that is not open to public 


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1 observation to discuss official agency business 

2 if— 

3 ‘‘(i) no formal or informal vote or 

4 other official agency action is taken at the 

5 meeting; 

6 ‘‘(ii) each individual present at the 

7 meeting is a member or an employee of the 

8 Board; and 

9 ‘‘(iii) the General Counsel of the 

10 Board is present at the meeting. 

11 ‘‘(B) DISCLOSURE OF NONPUBLIC COL12 LABORATIVE DISCUSSIONS.—Except as provided 

13 under subparagraph (C), not later than 2 busi14 ness days after the conclusion of a meeting 

15 under subparagraph (A), the Board shall make 

16 available to the public, in a place easily acces17 sible to the public— 

18 ‘‘(i) a list of the individuals present at 

19 the meeting; and 

20 ‘‘(ii) a summary of the matters dis21 cussed at the meeting, except for any mat22 ter the Board properly determines may be 

23 withheld from the public under section 

24 552b(c) of title 5. 


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1 ‘‘(C) SUMMARY.—If the Board properly 

2 determines a matter may be withheld from the 

3 public under section 552b(c) of title 5, the 

4 Board shall provide a summary with as much 

5 general information as possible on each matter 

6 withheld from the public. 

7 ‘‘(D) PRESERVATION OF OPEN MEETINGS

8 REQUIREMENTS FOR AGENCY ACTION.—Noth9 ing in this paragraph may be construed to limit 

10 the applicability of section 552b of title 5 with 

11 respect to a meeting of the members other than 

12 that described in this paragraph. 

13 ‘‘(E) STATUTORY CONSTRUCTION.—Noth14 ing in this paragraph may be construed— 

15 ‘‘(i) to limit the applicability of sec16 tion 552b of title 5 with respect to any in17 formation which is proposed to be withheld 

18 from the public under subparagraph 

19 (B)(ii); or 

20 ‘‘(ii) to authorize the Board to with21 hold from any individual any record that is 

22 accessible to that individual under section 

23 552a of title 5.’’. 

24 (c) INVESTIGATIVE OFFICERS.—Section 1113 is 

25 amended by striking subsection (h). 


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1 SEC. 13. TECHNICAL AND CONFORMING AMENDMENTS. 

2 (a) TABLE OF CONTENTS.—The table of contents of 

3 chapter 11 is amended in the item relating to section 1138 

4 by striking ‘‘Board’’ and inserting ‘‘Board.’’. 

5 (b) GENERAL AUTHORITY.—Section 1131(a)(1)(A) is 

6 amended by striking ‘‘a public aircraft as defined by sec7 tion 40102(a)(37) of this title’’ and inserting ‘‘a public 

8 aircraft as defined by section 40102(a) of this title’’. 

9 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF10 ERENCES. 

11 (a) SHORT TITLE.—This Act may be cited as the ‘‘Na12 tional Transportation Safety Board Reauthorization Act’’. 

13 (b) TABLE OF CONTENTS.—The table of contents of this 

14 Act is as follows: 

Sec. 1. Short title; table of contents; references. 

Sec. 2. Definitions. 

Sec. 3. Authorization of appropriations. 

Sec. 4. Still images. 

Sec. 5. Information sharing. 

Sec. 6. Electronic records. 

Sec. 7. Report on Most Wanted List methodology. 

Sec. 8. Methodology sections. 

Sec. 9. Multi-modal accident database management system. 

Sec. 10. Addressing the needs of families of individuals involved in accidents. 

Sec. 11. Government Accountability Office report on investigation launch decision-making processes. 

Sec. 12. Periodic review of safety recommendations. 

Sec. 13. General organization. 

Sec. 14. Technical and conforming amendments. 

15 (c) REFERENCES TO TITLE 49, UNITED STATES

16 CODE.—Except as otherwise expressly provided, wherever 

17 in this Act an amendment or repeal is expressed in terms 

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1 sion, the reference shall be considered to be made to a section 

2 or other provision of title 49, United States Code. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) BOARD.—The term ‘‘Board’’ means the Na6 tional Transportation Safety Board. 

7 (2) CHAIRMAN.—The term ‘‘Chairman’’ means 

8 the Chairman of the National Transportation Safety 

9 Board. 

10 (3) MOST WANTED LIST.—The term ‘‘Most Want11 ed List’’ means the Board publication entitled ‘‘Most 

12 Wanted List’’. 

13 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

14 Section 1118(a) is amended to read as follows: 

15 ‘‘(a) IN GENERAL.—There are authorized to be appro16 priated for the purposes of this chapter $111,400,000 for 

17 fiscal year 2019, $112,400,000 for fiscal year 2020, 

18 $113,400,000 for fiscal year 2021, $114,400,000 for fiscal 

19 year 2022, and $115,400,000 for fiscal year 2023. Such 

20 sums shall remain available until expended.’’. 

21 SEC. 4. STILL IMAGES. 

22 (a) STILL IMAGES, VOICE RECORDERS, AND VIDEO

23 RECORDERS.— 

24 (1) COCKPIT RECORDINGS AND TRANSCRIPTS.— 

25 Section 1114(c) is amended— 


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1 (A) by redesignating paragraph (2) as 

2 paragraph (3); 

3 (B) in paragraph (3), as redesignated, by 

4 inserting ‘‘REFERENCES TO INFORMATION IN

5 MAKING SAFETY RECOMMENDATIONS.—’’ before 

6 ‘‘This’’; and 

7 (C) in paragraph (1)— 

8 (i) in the first sentence, by striking 

9 ‘‘The Board’’ and inserting ‘‘CONFIDEN10 TIALITY OF RECORDINGS.—Except as pro11 vided in paragraph (2), the Board’’; and 

12 (ii) by amending the second sentence to 

13 read as follows: 

14 ‘‘(2) EXCEPTION.—Subject to subsections (b) and 

15 (g), the Board shall make public any part of a tran16 script, any written depiction of visual information 

17 obtained from a video recorder, or any still image ob18 tained from a video recorder the Board decides is rel19 evant to the accident or incident— 

20 ‘‘(A) if the Board holds a public hearing on 

21 the accident or incident, at the time of the hear22 ing; or 

23 ‘‘(B) if the Board does not hold a public 

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1 tual reports on the accident or incident are 

2 placed in the public docket.’’. 

3 (2) SURFACE VEHICLE RECORDINGS AND TRAN4 SCRIPTS.—Section 1114(d) is amended— 

5 (A) by redesignating paragraph (2) as 

6 paragraph (3); and 

7 (B) in paragraph (1)— 

8 (i) in the first sentence, by striking 

9 ‘‘The Board’’ and inserting ‘‘Except as pro10 vided in paragraph (2), the Board’’; and 

11 (ii) by amending the second sentence to 

12 read as follows: 

13 ‘‘(2) EXCEPTION.—Subject to subsections (b) and 

14 (g), the Board shall make public any part of a tran15 script, any written depiction of visual information 

16 obtained from a video recorder, or any still image ob17 tained from a video recorder the Board decides is rel18 evant to the accident— 

19 ‘‘(A) if the Board holds a public hearing on 

20 the accident, at the time of the hearing; or 

21 ‘‘(B) if the Board does not hold a public 

22 hearing, at the time a majority of the other fac23 tual reports on the accident are placed in the 

24 public docket.’’. 


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1 (3) PRIVACY PROTECTIONS.—Section 1114 is 

2 amended by adding at the end the following: 

3 ‘‘(g) PRIVACY PROTECTIONS.—Before making public 

4 any still image obtained from a video recorder under sub5 section (c)(2) or subsection (d)(2), the Board shall take such 

6 action as appropriate to protect from public disclosure any 

7 information that readily identifies an individual, including 

8 a decedent.’’. 

9 (b) COCKPIT AND SURFACE VEHICLE RECORDINGS

10 AND TRANSCRIPTS .—Section 1154(a) is amended— 

11 (1) in the heading, by striking ‘‘TRANSCRIPTS

12 AND RECORDINGS’’ and inserting ‘‘IN GENERAL’’; 

13 (2) in paragraph (1)— 

14 (A) by redesignating subparagraphs (A) 

15 and (B) as subparagraphs (B) and (C), respec16 tively; and 

17 (B) by inserting before subparagraph (B) 

18 the following: 

19 ‘‘(A) any still image that the National 

20 Transportation Safety Board has not made 

21 available to the public under section 1114(c) or 

22 1114(d) of this title;’’; 

23 (3) in paragraph (3)— 

24 (A) in the matter preceding subparagraph 

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1 ing ‘‘recorder recording, including with regard to 

2 a video recording any still image that the Na3 tional Transportation Safety Board has not 

4 made available to the public under section 

5 1114(c) or 1114(d) of this title,’’; and 

6 (B) in subparagraph (B), by striking ‘‘re7 corder recording’’ and inserting ‘‘recorder record8 ing, including with regard to a video recording 

9 any still image that the National Transportation 

10 Safety Board has not made available to the pub11 lic under section 1114(c) or 1114(d) of this 

12 title,’’; 

13 (4) in paragraph (4)— 

14 (A) in subparagraph (A)— 

15 (i) by inserting ‘‘a still image or’’ be16 fore ‘‘a part of a cockpit’’; and 

17 (ii) by striking ‘‘the part of the tran18 script or the recording’’ each place it ap19 pears and inserting ‘‘the still image, the 

20 part of the transcript, or the recording’’; 

21 (B) in subparagraph (B)— 

22 (i) by inserting ‘‘a still image or’’ be23 fore ‘‘a part of a cockpit’’; and 

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1 pears and inserting ‘‘the still image, the 

2 part of the transcript, or the recording’’; 

3 and 

4 (C) in paragraph (6)— 

5 (i) by redesignating subparagraph (B) 

6 as subparagraph (C); and 

7 (ii) by inserting after subparagraph 

8 (A) the following: 

9 ‘‘(B) STILL IMAGE.—The term ‘still image’ 

10 means any still image obtained from a video re11 corder.’’. 

12 SEC. 5. INFORMATION SHARING. 

13 (a) CONFIDENTIAL INFORMATION.—Section 1114(b) is 

14 amended— 

15 (1) in the heading, by striking ‘‘TRADE SE16 CRETS’’ and inserting ‘‘CERTAIN CONFIDENTIAL IN17 FORMATION’’; 

18 (2) in paragraph (1)— 

19 (A) in the matter preceding subparagraph 

20 (A)— 

21 (i) by inserting ‘‘IN GENERAL.—’’ be22 fore ‘‘The Board’’; and 

23 (ii) by striking ‘‘information related to 

24 a trade secret referred to in section 1905 of 

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1 cluding trade secrets, as described in section 

2 1905 of title 18’’; and 

3 (B) in subparagraph (D), by striking ‘‘to 

4 the public to protect health and safety’’ and in5 serting ‘‘subject to paragraph (4), to the public 

6 when the Board considers it necessary to protect 

7 health and safety’’; 

8 (3) in paragraph (2), by striking ‘‘Information’’ 

9 and inserting ‘‘PRESERVATION OF CONFIDEN10 TIALITY.—Information’’; and 

11 (4) by adding at the end the following: 

12 ‘‘(4) LIMITATION.—A disclosure under para13 graph (1)(D) may only be considered necessary to 

14 protect health and safety if the Board is required 

15 under this chapter to explain a finding, a cause or 

16 probable cause, or a safety recommendation related to 

17 an accident or incident investigated by the Board and 

18 cannot reasonably fulfill its duties without such dis19 closure.’’. 

20 (b) SHARING INFORMATION WITH OTHER FEDERAL

21 AGENCIES.—Section 1114, as amended, is further amended 

22 by adding at the end the following: 

23 ‘‘(h) LIMITATION.—A department, agency, or instru24 mentality of the United States Government that receives in25 formation from the Board under this section may not pubVerDate Sep 11 2014 22:25 Jul 10, 2018 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\S2202.RS S2202

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1 licly disclose any part of that information if the informa2 tion is exempted or prohibited from disclosure under this 

3 chapter or any other law of the United States.’’. 

4 SEC. 6. ELECTRONIC RECORDS. 

5 Section 1134(a)(2) is amended by inserting ‘‘including 

6 an electronic record,’’ after ‘‘record,’’. 

7 SEC. 7. REPORT ON MOST WANTED LIST METHODOLOGY. 

8 (a) IN GENERAL.—Not later than the date that the 

9 first Most Wanted List to be published after the date of en10 actment of this Act is published, the Chairman shall publish 

11 on a publicly available Web site of the Board and submit 

12 to the Committee on Commerce, Science, and Transpor13 tation of the Senate and the Committee on Transportation 

14 and Infrastructure of the House of Representatives a report 

15 on the methodology used to prioritize and select rec16 ommendations to be included by the Board in the Most 

17 Wanted List. 

18 (b) ELEMENTS.—The report under subsection (a) shall 

19 include— 

20 (1) a detailed description of how the Board ac21 counts for the risk to safety addressed in each of its 

22 recommendations, including the extent to which the 

23 Board considers— 


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1 (A) the types of data and other information, 

2 including studies and reports, used to identify 

3 the amount and probability of risk to safety; 

4 (B) the reduction of the risk to safety, esti5 mated over a period of time, by implementing 

6 each recommendation; 

7 (C) the practicality and feasibility of 

8 achieving the reduction described in subpara9 graph (B); and 

10 (D) any alternate means of reducing the 

11 risk; 

12 (2) a detailed description of the extent to which 

13 the Board considers any prior, related investigation, 

14 safety recommendation, or other safety action when 

15 prioritizing and selecting recommendations; and 

16 (3) a description of the extent of coordination 

17 and consultation when prioritizing and selecting the 

18 recommendations. 

19 (c) CONSULTATION.—The Board shall consult with the 

20 head of each relevant Federal department and agency in 

21 developing the methodology described in subsection (a). 

22 (d) GAO REPORT.—Not later than 15 months after the 

23 date that the methodology report is published under sub24 section (a), the Comptroller General of the United States 

25 shall submit to the Committee on Commerce, Science, and 


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1 Transportation of the Senate and the Committee on Trans2 portation and Infrastructure of the House of Representa3 tives a report examining the methodology used by the Board 

4 to prioritize and select safety recommendations for inclu5 sion in the Most Wanted List, including the extent to which 

6 the Board— 

7 (1) utilized best practices and rigorous analysis 

8 to account for and prioritize the reduction of risk to 

9 safety; 

10 (2) accounted for and factored in practicality, 

11 feasibility, and alternative means of reducing risk; 

12 and 

13 (3) coordinated and consulted when prioritizing 

14 and selecting the recommendations. 

15 SEC. 8. METHODOLOGY SECTIONS. 

16 (a) IN GENERAL.—Not later than 2 years after the 

17 date of enactment of this Act, the Chairman shall include 

18 with each investigative report in which a recommendation 

19 is issued by the Board, a methodology section detailing the 

20 process and information underlying the selection of each 

21 recommendation. 

22 (b) ELEMENTS.—Except as provided in subsection (c), 

23 the methodology section under subsection (a) shall include, 

24 for each recommendation— 


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1 (1) a brief summary of the Board’s collection 

2 and analysis of the specific accident investigation in3 formation most relevant to the recommendation; 

4 (2) a description of the Board’s use of external 

5 information, including studies, reports, and experts, 

6 other than the findings of a specific accident inves7 tigation, to inform or support the recommendation, 

8 including a brief summary of the specific safety bene9 fits and other effects identified by each study, report, 

10 or expert; 

11 (3) a brief summary of any alternative actions 

12 considered, including the alternative of not issuing a 

13 recommendation; and 

14 (4) a brief summary of any examples of actions 

15 taken by regulated entities prior to the publication of 

16 the safety recommendation, to the extent such actions 

17 are known to the Board, that were consistent with the 

18 recommendation. 

19 (c) EXCEPTION.—Subsection (a) shall not apply if the 

20 recommendation is only for a person to disseminate infor21 mation on— 

22 (1) an existing agency best practices document; 

23 or 

24 (2) an existing regulatory requirement. 


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1 (d) RULE OF CONSTRUCTION.—Nothing in this section 

2 may be construed to require any change to a recommenda3 tion made by the Board prior to the date of enactment of 

4 this Act, unless the recommendation is a repeat rec5 ommendation issued on or after the date of enactment of 

6 this Act. 

7 (e) SAVINGS CLAUSE.—Nothing in this section may be 

8 construed to delay— 

9 (1) publication of the findings, cause, or probable 

10 cause of a Board investigation; or 

11 (2) the issuance of an urgent recommendation 

12 that the Board has determined must be issued to 

13 avoid immediate loss, death, or injury. 

14 SEC. 9. MULTI-MODAL ACCIDENT DATABASE MANAGEMENT 

15 SYSTEM. 

16 (a) ESTABLISHMENT.—Not later than 1 year after the 

17 date of enactment of this Act, the Board shall establish and 

18 maintain a multi-modal accident database management 

19 system for Board investigators. 

20 (b) PURPOSES.—The purposes of the system shall be 

21 to support the Board in improving— 

22 (1) the quality of accident data the Board makes 

23 available to the public; and 

24 (2) the selection of accidents for investigation 

25 and allocation of limited resources. 


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1 (c) REQUIREMENTS.—The system shall— 

2 (1) maintain a historical record of accidents that 

3 are investigated by the Board; and 

4 (2) be capable of the secure storage, retrieval, 

5 and management of information associated with such 

6 investigations. 

7 SEC. 10. ADDRESSING THE NEEDS OF FAMILIES OF INDIVID8 UALS INVOLVED IN ACCIDENTS. 

9 (a) AIR CARRIERS HOLDING CERTIFICATES OF PUB10 LIC CONVENIENCE AND NECESSITY.—Section 41113 is 

11 amended— 

12 (1) in subsection (a), by striking ‘‘a major’’ and 

13 inserting ‘‘any’’; and 

14 (2) in subsection (b)— 

15 (A) in paragraph (9), by striking ‘‘(and 

16 any other victim of the accident)’’ and inserting 

17 ‘‘(and any other victim of the accident, including 

18 any victim on the ground)’’; 

19 (B) in paragraph (16), by striking ‘‘major’’ 

20 and inserting ‘‘any’’; and 

21 (C) in paragraph (17)(A), by striking ‘‘sig22 nificant’’ and inserting ‘‘any’’. 

23 (b) FOREIGN AIR CARRIERS PROVIDING FOREIGN AIR

24 TRANSPORTATION.—Section 41313 is amended— 


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1 (1) in subsection (b), by striking ‘‘a major’’ and 

2 inserting ‘‘any’’; and 

3 (2) in subsection (c)— 

4 (A) in paragraph (1), by striking ‘‘a sig5 nificant’’ and inserting ‘‘any’’; 

6 (B) in paragraph (2), by striking ‘‘a sig7 nificant’’ and inserting ‘‘any’’; 

8 (C) by amending paragraph (9) to read as 

9 follows: 

10 ‘‘(9) EQUAL TREATMENT OF PASSENGERS.—An 

11 assurance that the treatment of the families of nonrev12 enue passengers (and any other victim of the accident, 

13 including any victim on the ground) will be the same 

14 as the treatment of the families of revenue pas15 sengers.’’; 

16 (D) in paragraph (16), by striking ‘‘major’’ 

17 and inserting ‘‘any’’; and 

18 (E) in paragraph (17)(A), by striking ‘‘sig19 nificant’’ and inserting ‘‘any’’. 

20 (c) ASSISTANCE TO FAMILIES OF PASSENGERS IN21 VOLVED IN AIRCRAFT ACCIDENTS.—Section 1136 is amend22 ed— 

23 (1) in subsection (a), by striking ‘‘aircraft acci24 dent within the United States involving an air car25 rier or foreign air carrier and resulting in a major 


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1 loss of life’’ and inserting ‘‘aircraft accident involving 

2 an air carrier or foreign air carrier, resulting in any 

3 loss of life, and for which the National Transpor4 tation Safety Board will serve as the lead investiga5 tive agency’’; and 

6 (2) in subsection (h)— 

7 (A) by amending paragraph (1) to read as 

8 follows: 

9 ‘‘(1) AIRCRAFT ACCIDENT.—The term ‘aircraft 

10 accident’ means any aviation disaster, regardless of 

11 its cause or suspected cause, for which the National 

12 Transportation Safety Board is the lead investigative 

13 agency.’’; and 

14 (B) in paragraph (2)— 

15 (i) in subparagraph (A), by striking ‘‘; 

16 and’’ and inserting a semicolon; 

17 (ii) in subparagraph (B), by striking 

18 the period at the end and inserting ‘‘; and’’; 

19 and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(C) any other person injured or killed in 

23 the aircraft accident, as determined appropriate 

24 by the Board.’’. 


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1 (d) INFORMATION FOR FAMILIES OF INDIVIDUALS IN2 VOLVED IN ACCIDENTS.— 

3 (1) IN GENERAL.—Chapter 11 is amended by in4 serting after section 1139 the following: 

5 ‘‘§ 1140. Information for families of individuals in6 volved in accidents 

7 ‘‘In the course of an investigation of an accident de8 scribed in section 1131(a)(1), except an aircraft accident 

9 described in section 1136 or a rail passenger accident de10 scribed in section 1139, the Board may, to the maximum 

11 extent practicable, ensure that the families of individuals 

12 involved in the accident, and other individuals the Board 

13 deems appropriate— 

14 ‘‘(1) are informed as to the roles, with respect to 

15 the accident and the post-accident activities, of the 

16 Board; 

17 ‘‘(2) are briefed, prior to any public briefing, 

18 about the accident, its causes, and any other findings 

19 from the investigation; and 

20 ‘‘(3) are individually informed of and allowed to 

21 attend any public hearings and meetings of the Board 

22 about the accident.’’. 

23 (2) TABLE OF CONTENTS.—The table of contents 

24 of chapter 11 is amended by inserting after the item 

25 relating to section 1139 the following: 

‘‘1140. Information for families of individuals involved in accidents.’’. 


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1 SEC. 11. GOVERNMENT ACCOUNTABILITY OFFICE REPORT 

2 ON INVESTIGATION LAUNCH DECISION-MAK3 ING PROCESSES. 

4 Section 1138 is amended— 

5 (1) in subsection (b)— 

6 (A) by redesignating paragraphs (5) and 

7 (6) as paragraphs (6) and (7), respectively; and 

8 (B) by inserting after paragraph (4) the fol9 lowing: 

10 ‘‘(5) the process and procedures to select an acci11 dent to investigate;’’; and 

12 (2) in subsection (c), by inserting a comma after 

13 ‘‘Science’’. 

14 SEC. 12. PERIODIC REVIEW OF SAFETY RECOMMENDA15 TIONS. 

16 (a) REPORTS.—Section 1117 is amended— 

17 (1) in the heading, by striking ‘‘Annual re18 port’’ and inserting ‘‘Reports’’; 

19 (2) by inserting ‘‘(a) IN GENERAL.—’’ before 

20 ‘‘The National Transportation Safety Board shall’’; 

21 and 

22 (3) by adding at the end the following: 

23 ‘‘(b) RETROSPECTIVE REVIEW TO ENSURE UPDATED

24 AND EFFECTIVE SAFETY RECOMMENDATIONS.— 

25 ‘‘(1) IN GENERAL.—Not later than June 1, 2019, 

26 and in response to public comments received under 


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1 paragraph (2), the Chairman shall complete a com2 prehensive review of recommendations issued by the 

3 Board that are classified as ‘open’ by the Board. 

4 ‘‘(2) PUBLIC COMMENTS.— 

5 ‘‘(A) IN GENERAL.—Before conducting a re6 view under paragraph (1), and at least every 5 

7 years thereafter, the Chairman shall publish in 

8 the Federal Register a request for public com9 ment on recommendations to be updated, closed, 

10 or reissued. 

11 ‘‘(B) RECOMMENDATIONS.—A request for 

12 public comment under subparagraph (A) shall 

13 solicit— 

14 ‘‘(i) recommendations to be updated, 

15 closed, or reissued, including a reference to 

16 the applicable recommendation number; 

17 ‘‘(ii) justifications, including any sup18 porting information, for updating, closing, 

19 or reissuing a recommendation; and 

20 ‘‘(iii) if applicable, specific suggestions 

21 for updating a recommendation. 

22 ‘‘(C) PUBLIC COMMENT PERIOD.—The 

23 Chairman shall provide 90 days for public com24 ment under this subsection. 


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1 ‘‘(3) CONTENTS.—A review under paragraph (1) 

2 shall include for each recommendation under para3 graph (2)— 

4 ‘‘(A) consideration of each justification 

5 under paragraph (2)(B)(ii) and, if applicable, 

6 each suggestion under clause (iii) of that para7 graph; 

8 ‘‘(B) an assessment of whether the rec9 ommendation— 

10 ‘‘(i) is outmoded, unclear, or unneces11 sary in light of— 

12 ‘‘(I) changed circumstances; 

13 ‘‘(II) more recently issued rec14 ommendations; or 

15 ‘‘(III) the availability of new 

16 technologies; 

17 ‘‘(ii) is ineffective or insufficient for 

18 achieving its objective; or 

19 ‘‘(iii) should be reissued; 

20 ‘‘(C) a determination, based on the assess21 ment under subparagraph (B), whether it is ap22 propriate to update, close, or reissue the rec23 ommendation; and 

24 ‘‘(D) a justification for each determination 

25 under subparagraph (C). 


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1 ‘‘(4) REPORT.—Not later than 180 days after the 

2 date a review under paragraph (1) is complete, the 

3 Chairman shall submit to the Committee on Com4 merce, Science, and Transportation of the Senate and 

5 the Committee on Transportation and Infrastructure 

6 of the House of Representatives a report that in7 cludes— 

8 ‘‘(A) the findings of the review under para9 graph (1); 

10 ‘‘(B) each determination under paragraph 

11 (3)(C) and justification under paragraph (3)(D); 

12 and 

13 ‘‘(C) if applicable, a schedule for updating, 

14 closing, or reissuing a recommendation.’’. 

15 (b) SAVINGS CLAUSE.—Nothing in this section or the 

16 amendments made by this section may be construed to limit 

17 the authority of the Board to update, close, or reissue a rec18 ommendation. 

19 SEC. 13. GENERAL ORGANIZATION. 

20 (a) TERMS OF THE CHAIRMAN AND VICE CHAIRMAN.— 

21 Section 1111(d) is amended by striking ‘‘2 years’’ and in22 serting ‘‘3 years’’. 

23 (b) NONPUBLIC COLLABORATIVE DISCUSSIONS.—Sec24 tion 1111 is amended by adding at the end the following: 

25 ‘‘(k) OPEN MEETINGS.— 


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1 ‘‘(1) IN GENERAL.—The Board shall be deemed 

2 to be an agency for purposes of section 552b of title 

3 5. 

4 ‘‘(2) NONPUBLIC COLLABORATIVE DISCUS5 SIONS.— 

6 ‘‘(A) IN GENERAL.—Notwithstanding sec7 tion 552b of title 5, a majority of the members 

8 may hold a meeting that is not open to public 

9 observation to discuss official agency business 

10 if— 

11 ‘‘(i) no formal or informal vote or 

12 other official agency action is taken at the 

13 meeting; 

14 ‘‘(ii) each individual present at the 

15 meeting is a member or an employee of the 

16 Board; and 

17 ‘‘(iii) the General Counsel of the Board 

18 is present at the meeting. 

19 ‘‘(B) DISCLOSURE OF NONPUBLIC COLLABO20 RATIVE DISCUSSIONS.—Except as provided 

21 under subparagraph (C), not later than 2 busi22 ness days after the conclusion of a meeting under 

23 subparagraph (A), the Board shall make avail24 able to the public, in a place easily accessible to 

25 the public— 


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1 ‘‘(i) a list of the individuals present at 

2 the meeting; and 

3 ‘‘(ii) a summary of the matters dis4 cussed at the meeting, except for any matter 

5 the Board properly determines may be with6 held from the public under section 552b(c) 

7 of title 5. 

8 ‘‘(C) SUMMARY.—If the Board properly de9 termines a matter may be withheld from the 

10 public under section 552b(c) of title 5, the Board 

11 shall provide a summary with as much general 

12 information as possible on each matter withheld 

13 from the public. 

14 ‘‘(D) PRESERVATION OF OPEN MEETINGS

15 REQUIREMENTS FOR AGENCY ACTION.—Nothing 

16 in this paragraph may be construed to limit the 

17 applicability of section 552b of title 5 with re18 spect to a meeting of the members other than 

19 that described in this paragraph. 

20 ‘‘(E) STATUTORY CONSTRUCTION.—Nothing 

21 in this paragraph may be construed— 

22 ‘‘(i) to limit the applicability of section 

23 552b of title 5 with respect to any informa24 tion which is proposed to be withheld from 

25 the public under subparagraph (B)(ii); or 


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1 ‘‘(ii) to authorize the Board to with2 hold from any individual any record that is 

3 accessible to that individual under section 

4 552a of title 5.’’. 

5 (c) INVESTIGATIVE OFFICERS.—Section 1113 is 

6 amended by striking subsection (h). 

7 (d) AUTHORITY TO ACQUIRE SMALL UNMANNED AIR8 CRAFT SYSTEMS FOR INVESTIGATION PURPOSES.—Section 

9 1113(b)(1) is amended— 

10 (1) in subparagraph (H) by striking ‘‘and’’ at 

11 the end; 

12 (2) in subparagraph (I) by striking the period at 

13 the end and inserting ‘‘; and’’; and 

14 (3) by inserting at the end the following: 

15 ‘‘(J) acquire, for investigation purposes 

16 under this chapter, small unmanned aircraft sys17 tems that weigh less than 55 pounds, notwith18 standing any other law, including regulations 

19 and policies.’’. 

20 SEC. 14. TECHNICAL AND CONFORMING AMENDMENTS. 

21 (a) TABLE OF CONTENTS.—The table of contents of 

22 chapter 11 is amended in the item relating to section 1138 

23 by striking ‘‘Board’’ and inserting ‘‘Board.’’. 

24 (b) GENERAL AUTHORITY.—Section 1131(a)(1)(A) is 

25 amended by striking ‘‘a public aircraft as defined by section 


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48 

•S 2202 RS

1 40102(a)(37) of this title’’ and inserting ‘‘a public aircraft 

2 as defined by section 40102(a) of this title’’. 


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daltland on DSKBBV9HB2PROD with BILLS
Calendar No. 506 

115TH CONGRESS 

2D SESSION S. 2202 

[Report No. 115–293] 

A BILL 

To amend title 49, United States Code, to authortation Safety Board, and for other purposes. ize appropriations for the National TransporJULY 10, 2018 

Reported with an amendment 


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