II 

115TH CONGRESS 

1ST SESSION S. 2202 

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, and Mr. 

BLUNT) introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF4 ERENCES. 

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

6 ‘‘National Transportation Safety Board Reauthorization 

7 Act’’. 

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

9 this Act is as follows: 


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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. 

1 (c) REFERENCES TO TITLE 49, UNITED STATES

2 CODE.—Except as otherwise expressly provided, wherever 

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

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

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

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) BOARD.—The term ‘‘Board’’ means the Na10 tional Transportation Safety Board. 

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

12 the Chairman of the National Transportation Safety 

13 Board. 

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

15 Wanted List’’ means the Board publication entitled 

16 ‘‘Most Wanted List’’. 

17 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

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


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1 ‘‘(a) IN GENERAL.—There are authorized to be ap2 propriated for the purposes of this chapter— 

3 ‘‘(1) $111,400,000 for fiscal year 2019; 

4 ‘‘(2) $112,400,000 for fiscal year 2020; 

5 ‘‘(3) $113,400,000 for fiscal year 2021; 

6 ‘‘(4) $114,400,000 for fiscal year 2022; and 

7 ‘‘(5) $115,400,000 for fiscal year 2023.’’. 

8 SEC. 4. STILL IMAGES. 

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

10 RECORDERS.— 

11 (1) COCKPIT RECORDINGS AND TRANSCRIPTS.— 

12 Section 1114(c) is amended— 

13 (A) by redesignating paragraph (2) as 

14 paragraph (3); 

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

16 inserting ‘‘REFERENCES TO INFORMATION IN

17 MAKING SAFETY RECOMMENDATIONS.—’’ before 

18 ‘‘This’’; and 

19 (C) in paragraph (1)— 

20 (i) in the first sentence, by striking 

21 ‘‘The Board’’ and inserting ‘‘CONFIDEN22 TIALITY OF RECORDINGS.—Except as pro23 vided in paragraph (2), the Board’’; and 

24 (ii) by amending the second sentence 

25 to read as follows: 


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

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

3 transcript, any written depiction of visual informa4 tion obtained from a video recorder, or any still 

5 image obtained from a video recorder the Board de6 cides is relevant to the accident— 

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

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

9 hearing; or 

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

11 hearing, at the time a majority of the other fac12 tual reports on the accident are placed in the 

13 public docket.’’. 

14 (2) SURFACE VEHICLE RECORDINGS AND TRAN15 SCRIPTS.—Section 1114(d) is amended— 

16 (A) by redesignating paragraph (2) as 

17 paragraph (3); and 

18 (B) in paragraph (1)— 

19 (i) in the first sentence, by striking 

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

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

22 and 

23 (ii) by amending the second sentence 

24 to read as follows: 


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

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

3 transcript, any written depiction of visual informa4 tion obtained from a video recorder, or any still 

5 image obtained from a video recorder the Board de6 cides is relevant to the accident— 

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

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

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

10 hearing, at the time a majority of the other fac11 tual reports on the accident are placed in the 

12 public docket.’’. 

13 (3) PRIVACY PROTECTIONS.—Section 1114 is 

14 amended by adding at the end the following: 

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

16 any still image obtained from a video recorder under sub17 section (c)(2) or subsection (d)(2), the Board shall take 

18 such action as appropriate to protect from public disclo19 sure any information that readily identifies an individual, 

20 including a decedent.’’. 

21 (b) COCKPIT AND SURFACE VEHICLE RECORDINGS

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

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

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

25 (2) in paragraph (1)— 


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1 (A) by redesignating subparagraphs (A) 

2 and (B) as subparagraphs (B) and (C), respec3 tively; and 

4 (B) by inserting before subparagraph (B) 

5 the following: 

6 ‘‘(A) 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;’’; 

10 (3) in paragraph (3)— 

11 (A) in the matter preceding subparagraph 

12 (A), by striking ‘‘recorder recording’’ and in13 serting ‘‘recorder recording, including with re14 gard to a video recording any still image that 

15 the National Transportation Safety Board has 

16 not made available to the public under section 

17 1114(c) or 1114(d) of this title,’’; and 

18 (B) in subparagraph (B), by striking ‘‘re19 corder recording’’ and inserting ‘‘recorder re20 cording, including with regard to a video re21 cording any still image that the National 

22 Transportation Safety Board has not made 

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

24 1114(d) of this title,’’; and 

25 (4) in paragraph (4)— 


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1 (A) in subparagraph (A)— 

2 (i) by inserting ‘‘a still image or’’ be3 fore ‘‘a part of a cockpit’’; and 

4 (ii) by striking ‘‘the part of the tran5 script or the recording’’ each place it ap6 pears and inserting ‘‘the still image, the 

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

8 (B) in subparagraph (B)— 

9 (i) by inserting ‘‘a still image or’’ be10 fore ‘‘a part of a cockpit’’; and 

11 (ii) by striking ‘‘the part of the tran12 script or the recording’’ each place it ap13 pears and inserting ‘‘the still image, the 

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

15 and 

16 (C) in paragraph (6)— 

17 (i) by redesignating subparagraph (B) 

18 as subparagraph (C); and 

19 (ii) by inserting after subparagraph 

20 (A) the following: 

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

22 means any still image obtained from a video re23 corder.’’. 


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1 SEC. 5. INFORMATION SHARING. 

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

3 is amended— 

4 (1) in the heading, by striking ‘‘TRADE SE5 CRETS’’ and inserting ‘‘CERTAIN CONFIDENTIAL IN6 FORMATION’’; 

7 (2) in paragraph (1)— 

8 (A) in the matter preceding subparagraph 

9 (A)— 

10 (i) by inserting ‘‘IN GENERAL.—’’ be11 fore ‘‘The Board’’; and 

12 (ii) by striking ‘‘information related to 

13 a trade secret referred to in section 1905 

14 of title 18’’ and inserting ‘‘information, in15 cluding trade secrets, as described in sec16 tion 1905 of title 18’’; and 

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

18 the public to protect health and safety’’ and in19 serting ‘‘subject to paragraph (4), to the public 

20 when the Board considers it necessary to pro21 tect health and safety’’; 

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

23 and inserting ‘‘PRESERVATION OF CONFIDEN24 TIALITY.—Information’’; and 

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


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1 ‘‘(4) LIMITATION.—A disclosure under para2 graph (1)(D) may only be considered necessary to 

3 protect health and safety if the Board is required 

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

5 probable cause, or a safety recommendation related 

6 to an accident or incident investigated by the Board 

7 and cannot reasonably fulfill its duties without such 

8 disclosure.’’. 

9 (b) SHARING INFORMATION WITH OTHER FEDERAL

10 AGENCIES.—Section 1114, as amended, is further amend11 ed by adding at the end the following: 

12 ‘‘(h) LIMITATION.—A department, agency, or instru13 mentality of the United States Government that receives 

14 information from the Board under this section may not 

15 publicly disclose any part of that information if the infor16 mation is exempted or prohibited from disclosure under 

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

18 SEC. 6. ELECTRONIC RECORDS. 

19 Section 1134(a)(2) is amended by inserting ‘‘includ20 ing an electronic record,’’ after ‘‘record,’’. 

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

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

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

24 enactment of this Act is published, the Chairman shall 

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


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1 submit to the Committee on Commerce, Science, and 

2 Transportation of the Senate and the Committee on 

3 Transportation and Infrastructure of the House of Rep4 resentatives a report on the methodology used to prioritize 

5 and select recommendations to be included by the Board 

6 in the Most Wanted List. 

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

8 shall include— 

9 (1) a detailed description of how the Board ac10 counts for the risk to safety addressed in each of its 

11 recommendations, including the extent to which the 

12 Board considers— 

13 (A) the types of data and other informa14 tion, including studies and reports, used to 

15 identify the amount and probability of risk to 

16 safety; 

17 (B) the reduction of the risk to safety, es18 timated over a period of time, by implementing 

19 each recommendation; 

20 (C) the practicality and feasibility of 

21 achieving the reduction described in subpara22 graph (B); and 

23 (D) any alternate means of reducing the 

24 risk; 


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

2 the Board considers any prior, related investigation, 

3 safety recommendation, or other safety action when 

4 prioritizing and selecting recommendations; and 

5 (3) a description of the extent of coordination 

6 and consultation when prioritizing and selecting the 

7 recommendations. 

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

9 the head of each relevant Federal department and agency 

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

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

12 the date that the methodology report is published under 

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

14 States shall submit to the Committee on Commerce, 

15 Science, and Transportation of the Senate and the Com16 mittee on Transportation and Infrastructure of the House 

17 of Representatives a report examining the methodology 

18 used by the Board to prioritize and select safety rec19 ommendations for inclusion in the Most Wanted List, in20 cluding the extent to which the Board— 

21 (1) utilized best practices and rigorous analysis 

22 to account for and prioritize the reduction of risk to 

23 safety; 


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1 (2) accounted for and factored in practicality, 

2 feasibility, and alternative means of reducing risk; 

3 and 

4 (3) coordinated and consulted when prioritizing 

5 and selecting the recommendations. 

6 SEC. 8. METHODOLOGY SECTIONS. 

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

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

9 with each investigative report in which a recommendation 

10 is issued by the Board, a methodology section detailing 

11 the process and information underlying the selection of 

12 each recommendation. 

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

14 (c), the methodology section under subsection (a) shall in15 clude, for each recommendation— 

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

17 and analysis of the specific accident investigation in18 formation most relevant to the recommendation; 

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

20 information, including studies, reports, and experts, 

21 other than the findings of a specific accident inves22 tigation, to inform or support the recommendation, 

23 including a brief summary of the specific safety ben24 efits and other effects identified by each study, re25 port, or expert; 


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1 (3) a brief summary of any alternative actions 

2 considered, including the alternative of not issuing a 

3 recommendation; and 

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

5 taken by regulated entities prior to the publication 

6 of the safety recommendation, to the extent such ac7 tions are known to the Board, that were consistent 

8 with the recommendation. 

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

10 the recommendation is only for a person to disseminate 

11 information on— 

12 (1) an existing agency best practices document; 

13 or 

14 (2) an existing regulatory requirement. 

15 (d) RULE OF CONSTRUCTION.—Nothing in this sec16 tion may be construed to require any change to a rec17 ommendation made by the Board prior to the date of en18 actment of this Act, unless the recommendation is a repeat 

19 recommendation issued on or after the date of enactment 

20 of this Act. 

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

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

23 or probable cause of a Board investigation. 


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1 SEC. 9. ADDRESSING THE NEEDS OF FAMILIES OF INDIVID2 UALS INVOLVED IN ACCIDENTS. 

3 (a) AIR CARRIERS HOLDING CERTIFICATES OF PUB4 LIC CONVENIENCE AND NECESSITY.—Section 41113 is 

5 amended— 

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

7 inserting ‘‘any’’; and 

8 (2) in subsection (b)— 

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

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

11 ‘‘(and any other victim of the accident, includ12 ing any victim on the ground)’’; 

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

14 and inserting ‘‘any’’; and 

15 (C) in paragraph (17)(A), by striking ‘‘sig16 nificant’’ and inserting ‘‘any’’. 

17 (b) FOREIGN AIR CARRIERS PROVIDING FOREIGN

18 AIR TRANSPORTATION.—Section 41313 is amended— 

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

20 inserting ‘‘any’’; and 

21 (2) in subsection (c)— 

22 (A) in paragraph (1), by striking ‘‘a sig23 nificant’’ and inserting ‘‘any’’; 

24 (B) in paragraph (2), by striking ‘‘a sig25 nificant’’ and inserting ‘‘any’’; 


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

2 follows: 

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

4 assurance that the treatment of the families of non5 revenue passengers (and any other victim of the ac6 cident, including any victim on the ground) will be 

7 the same as the treatment of the families of revenue 

8 passengers.’’; 

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

10 ‘‘major’’ and inserting ‘‘any’’; and 

11 (E) in paragraph (17)(A), by striking ‘‘sig12 nificant’’ and inserting ‘‘any’’. 

13 (c) ASSISTANCE TO FAMILIES OF PASSENGERS IN14 VOLVED IN AIRCRAFT ACCIDENTS.—Section 1136 is 

15 amended— 

16 (1) in subsection (a), by striking ‘‘aircraft acci17 dent within the United States involving an air car18 rier or foreign air carrier and resulting in a major 

19 loss of life’’ and inserting ‘‘aircraft accident involv20 ing an air carrier or foreign air carrier, resulting in 

21 any loss of life, and for which the National Trans22 portation Safety Board will serve as the lead inves23 tigative agency’’; and 

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

25 follows: 


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

2 accident’ means any aviation disaster, regardless of 

3 its cause or suspected cause, for which the National 

4 Transportation Safety Board is the lead investiga5 tive agency.’’. 

6 (d) INFORMATION FOR FAMILIES OF INDIVIDUALS

7 INVOLVED IN ACCIDENTS.— 

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

9 inserting after section 1139 the following: 

10 ‘‘§ 1140. Information for families of individuals in11 volved in accidents 

12 ‘‘In the course of an investigation of an accident de13 scribed in section 1131(a)(1), except an aircraft accident 

14 described in section 1136 or a rail passenger accident de15 scribed in section 1139, the Board may, to the maximum 

16 extent practicable, ensure that the families of individuals 

17 involved in the accident, and other individuals the Board 

18 deems appropriate— 

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

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

21 the Board; 

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

23 about the accident, its causes, and any other find24 ings from the investigation; and 


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

2 attend any public hearings and meetings of the 

3 Board about the accident.’’. 

4 (2) TABLE OF CONTENTS.—The table of con5 tents of chapter 11 is amended by inserting after the 

6 item relating to section 1139 the following: 

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

7 SEC. 10. GOVERNMENT ACCOUNTABILITY OFFICE REPORT 

8 ON INVESTIGATION LAUNCH DECISION-MAK9 ING PROCESSES. 

10 Section 1138 is amended— 

11 (1) in subsection (b)— 

12 (A) by redesignating paragraphs (5) and 

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

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

15 following: 

16 ‘‘(5) the process and procedures to select an ac17 cident to investigate;’’; and 

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

19 after ‘‘Science’’. 

20 SEC. 11. PERIODIC REVIEW OF SAFETY RECOMMENDA21 TIONS. 

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

23 (1) in the heading, by striking ‘‘Annual re24 port’’ and inserting ‘‘Reports’’; 


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

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

3 and 

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

5 ‘‘(b) RETROSPECTIVE REVIEW TO ENSURE UP6 DATED AND EFFECTIVE SAFETY RECOMMENDATIONS.— 

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

8 2019, the Chairman shall complete, based on the 

9 public comments under paragraph (2), a comprehen10 sive review of recommendations issued by the Board 

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

12 ‘‘(2) PUBLIC COMMENTS.— 

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

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

15 5 years thereafter, the Chairman shall publish 

16 in the Federal Register a request for public 

17 comment on recommendations to be updated or 

18 closed. 

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

20 public comment under subparagraph (A) shall 

21 solicit— 

22 ‘‘(i) recommendations to be updated 

23 or closed, including a reference to the ap24 plicable recommendation number; 


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1 ‘‘(ii) justifications, including any sup2 porting information, for updating or clos3 ing a recommendation; and 

4 ‘‘(iii) if applicable, specific suggestions 

5 for updating a recommendation. 

6 ‘‘(C) PUBLIC COMMENT PERIOD.—The 

7 Chairman shall provide 90 days for public com8 ment under this subsection. 

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

10 (1) shall include for each recommendation under 

11 paragraph (2)— 

12 ‘‘(A) consideration of each justification 

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

14 each suggestion under clause (iii) of that para15 graph; 

16 ‘‘(B) an assessment of whether the rec17 ommendation is— 

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

19 changed circumstances, including the avail20 ability of new technologies; 

21 ‘‘(ii) ineffective, insufficient, impracti22 cable, or infeasible for achieving its objec23 tive; 

24 ‘‘(iii) unclear; or 


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1 ‘‘(iv) inconsistent with or duplicative 

2 of other recommendations; 

3 ‘‘(C) a determination, based on the assess4 ment under subparagraph (B), whether it is ap5 propriate to update or close the recommenda6 tion; and 

7 ‘‘(D) a justification for each determination 

8 under subparagraph (C). 

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

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

11 the Chairman shall submit to the Committee on 

12 Commerce, Science, and Transportation of the Sen13 ate and the Committee on Transportation and Infra14 structure of the House of Representatives a report 

15 that includes— 

16 ‘‘(A) the findings of the review under para17 graph (1); 

18 ‘‘(B) each determination under paragraph 

19 (3)(C) and justification under paragraph 

20 (3)(D); and 

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

22 or closing a recommendation.’’. 

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

24 amendments made by this section may be construed to 


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1 limit the authority of the Board to update or close a rec2 ommendation. 

3 SEC. 12. GENERAL ORGANIZATION. 

4 (a) TERMS OF THE CHAIRMAN AND VICE CHAIR5 MAN.—Section 1111(d) is amended by striking ‘‘2 years’’ 

6 and inserting ‘‘3 years’’. 

7 (b) NONPUBLIC COLLABORATIVE DISCUSSIONS.— 

8 Section 1111 is amended by adding at the end the fol9 lowing: 

10 ‘‘(k) OPEN MEETINGS.— 

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

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

13 5. 

14 ‘‘(2) NONPUBLIC COLLABORATIVE DISCUS15 SIONS.— 

16 ‘‘(A) IN GENERAL.—Notwithstanding sec17 tion 552b of title 5, a majority of the members 

18 may hold a meeting that is not open to public 

19 observation to discuss official agency business 

20 if— 

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

22 other official agency action is taken at the 

23 meeting; 


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1 ‘‘(ii) each individual present at the 

2 meeting is a member or an employee of the 

3 Board; and 

4 ‘‘(iii) the General Counsel of the 

5 Board is present at the meeting. 

6 ‘‘(B) DISCLOSURE OF NONPUBLIC COL7 LABORATIVE DISCUSSIONS.—Except as provided 

8 under subparagraph (C), not later than 2 busi9 ness days after the conclusion of a meeting 

10 under subparagraph (A), the Board shall make 

11 available to the public, in a place easily acces12 sible to the public— 

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

14 the meeting; and 

15 ‘‘(ii) a summary of the matters dis16 cussed at the meeting, except for any mat17 ter the Board properly determines may be 

18 withheld from the public under section 

19 552b(c) of title 5. 

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

21 determines a matter may be withheld from the 

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

23 Board shall provide a summary with as much 

24 general information as possible on each matter 

25 withheld from the public. 


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1 ‘‘(D) PRESERVATION OF OPEN MEETINGS

2 REQUIREMENTS FOR AGENCY ACTION.—Noth3 ing in this paragraph may be construed to limit 

4 the applicability of section 552b of title 5 with 

5 respect to a meeting of the members other than 

6 that described in this paragraph. 

7 ‘‘(E) STATUTORY CONSTRUCTION.—Noth8 ing in this paragraph may be construed— 

9 ‘‘(i) to limit the applicability of sec10 tion 552b of title 5 with respect to any in11 formation which is proposed to be withheld 

12 from the public under subparagraph 

13 (B)(ii); or 

14 ‘‘(ii) to authorize the Board to with15 hold from any individual any record that is 

16 accessible to that individual under section 

17 552a of title 5.’’. 

18 (c) INVESTIGATIVE OFFICERS.—Section 1113 is 

19 amended by striking subsection (h). 

20 SEC. 13. 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 secVerDate Sep 11 2014 22:14 Dec 13, 2017 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S2202.IS S2202

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

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

Æ 


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