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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4714 Engrossed in House (EH)]

111th CONGRESS
  2d Session
                                H. R. 4714

_______________________________________________________________________

                                 AN ACT

 
To amend title 49, United States Code, to authorize appropriations for 
the National Transportation Safety Board for fiscal years 2011 through 
                     2014, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National 
Transportation Safety Board Reauthorization Act of 2010''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Definitions.
Sec. 4. General organization.
Sec. 5. Administrative.
Sec. 6. Disclosure, availability, and use of information.
Sec. 7. Training.
Sec. 8. Reports and studies.
Sec. 9. Authorization of appropriations.
Sec. 10. Accident investigation authority.
Sec. 11. Marine casualty investigations.
Sec. 12. Inspections and autopsies.
Sec. 13. Discovery and use of cockpit and surface vehicle recordings 
                            and transcripts.
Sec. 14. Family assistance.
Sec. 15. Notification of marine casualties.
Sec. 16. Use of board name, logo, initials, and seal.

SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

    Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision of law, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

SEC. 3. DEFINITIONS.

    Section 1101 is amended to read as follows:
``Sec. 1101. Definitions
    ``(a) Accident Defined.--In this chapter, the term `accident'--
            ``(1) means an event associated with the operation of a 
        vehicle, aircraft, or pipeline, which results in damage to or 
        destruction of the vehicle, aircraft, or pipeline, or which 
        results in the death of or serious injury to any person, 
        regardless of whether the initiating event is accidental or 
        otherwise; and
            ``(2) may include an incident that does not involve 
        destruction or damage of a vehicle, aircraft, or pipeline, but 
        affects transportation safety, as the Board prescribes by 
        regulation.
    ``(b) Applicability of Definitions in Other Laws.--The definitions 
contained in section 2101(17a) of title 46 and section 40102(a) of this 
title apply to this chapter.''.

SEC. 4. GENERAL ORGANIZATION.

    The last sentence of section 1111(d) is amended by striking 
``absent'' and inserting ``unavailable''.

SEC. 5. ADMINISTRATIVE.

    (a) General Authority.--Section 1113(a) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``and depositions'' after 
                ``hearings''; and
                    (B) by striking ``subpena'' and inserting 
                ``subpoena''; and
            (2) in paragraph (2) by inserting before the first sentence 
        the following: ``In the interest of promoting transportation 
        safety, the Board shall have the authority by subpoena to 
        summon witnesses and obtain evidence relevant to an accident 
        investigation conducted under this chapter.''.
    (b) Additional Powers.--
            (1) Authority of board to enter into contracts and other 
        agreements with nonprofit entities.--Section 1113(b)(1)(H) is 
        amended by inserting ``and other agreements'' after 
        ``contracts''.
            (2) Authority of board to enter into and perform contracts, 
        agreements, leases, or other transactions.--Section 1113(b) is 
        amended--
                    (A) by striking paragraph (1)(I) and inserting the 
                following:
            ``(I) negotiate, enter into, and perform contracts, 
        agreements, leases, or other transactions with individuals, 
        private entities, departments, agencies, and instrumentalities 
        of the Government, State and local governments, and governments 
        of foreign countries on such terms and conditions as the 
        Chairman of the Board considers appropriate to carry out the 
        functions of the Board and require that such entities provide 
        appropriate consideration for the reasonable costs of any 
        facilities, goods, services, or training provided by the 
        Board.''; and
                    (B) by adding at the end the following:
            ``(3) Lease limitation.--The authority of the Board to 
        enter into leases shall be limited to the provision of special 
        use space related to an accident investigation, or for general 
        use space, at an average annual rental cost of not more than 
        $300,000 for any individual property.''.
            (3) Authority of other federal agencies.--Section 
        1113(b)(2) is amended to read as follows:
            ``(2) Authority of other federal agencies.--Notwithstanding 
        any other provision of law, the head of a Federal department, 
        agency, or instrumentality may transfer to or receive from the 
        Board, with or without reimbursement, supplies, personnel, 
        services, and equipment (other than administrative supplies and 
        equipment).''.
    (c) Criteria on Public Hearings.--
            (1) In general.--Section 1113 is amended by adding at the 
        end the following:
    ``(i) Public Hearings.--
            ``(1) Development of criteria.--The Board shall establish 
        by regulation criteria to be used by the Board in determining, 
        for each accident investigation and safety study undertaken by 
        the Board, whether or not the Board will hold a public hearing 
        on the investigation or study.
            ``(2) Factors.--In developing the criteria, the Board shall 
        give priority consideration to the following factors:
                    ``(A) Whether the accident has caused significant 
                loss of life.
                    ``(B) Whether the accident has caused significant 
                property damage.
                    ``(C) Whether the accident may involve a national 
                transportation safety issue.
                    ``(D) Whether a public hearing may provide needed 
                information to the Board.
                    ``(E) Whether a public hearing may offer an 
                opportunity to educate the public on a safety issue.
                    ``(F) Whether a public hearing may increase both 
                the transparency of the Board's investigative process 
                and public confidence that such process is 
                comprehensive, accurate, and unbiased.
                    ``(G) Whether a public hearing is likely to 
                significantly delay the conclusion of an investigation 
                and whether the possible adverse effects of the delay 
                on safety outweigh the benefits of a public hearing.''.
            (2) Annual report.--Section 1117 is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (5);
                    (B) by striking the period at the end of paragraph 
                (6) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) an analysis of the Board's implementation of the 
        criteria established pursuant to section 1113(i) during the 
        prior calendar year, including an explanation of any instance 
        in which the Board did not hold a public hearing for an 
        investigation of an accident that has caused significant loss 
        of life or property damage or that may involve a national 
        transportation safety issue.''.
    (d) Accidental Death and Dismemberment Insurance.--Section 1113 is 
further amended by adding at the end the following:
    ``(j) Accidental Death and Dismemberment Insurance.--
            ``(1) Authority to provide insurance.--The Board may 
        procure accidental death and dismemberment insurance for an 
        employee of the Board who travels for an accident investigation 
        or other activity of the Board outside the United States or 
        inside the United States under hazardous circumstances, as 
        defined by the Board.
            ``(2) Crediting of insurance benefits to offset united 
        states tort liability.--Any amounts paid to a person under 
        insurance coverage procured under this subsection shall be 
        credited as offsetting any liability of the United States to 
        pay damages to that person under section 1346(b) of title 28, 
        chapter 171 of title 28, chapter 163 of title 10, or any other 
        provision of law authorizing recovery based upon tort liability 
        of the United States in connection with the injury or death 
        resulting in the insurance payment.
            ``(3) Treatment of insurance benefits.--Any amounts paid 
        under insurance coverage procured under this subsection shall 
        not--
                    ``(A) be considered additional pay or allowances 
                for purposes of section 5536 of title 5; or
                    ``(B) offset any benefits an employee may have as a 
                result of government service, including compensation 
                under chapter 81 of title 5.
            ``(4) Entitlement to other insurance.--Nothing in this 
        subsection shall be construed as affecting the entitlement of 
        an employee to insurance under section 8704(b) of title 5.''.

SEC. 6. DISCLOSURE, AVAILABILITY, AND USE OF INFORMATION.

    (a) Trade Secrets, Commercial Information, and Financial 
Information.--Section 1114(b) is amended--
            (1) by striking the subsection heading and inserting the 
        following: ``Trade Secrets, Commercial Information, and 
        Financial Information'';
            (2) in paragraph (1) in the matter preceding subparagraph 
        (A)--
                    (A) by inserting ``submitted to the Board in the 
                course of a Board investigation or study and'' after 
                ``information''; and
                    (B) by inserting ``, or commercial or financial 
                information if the information would otherwise be 
                withheld under section 552(b)(4) of title 5,'' after 
                ``title 18'';
            (3) in paragraph (2) by striking ``paragraph (1) of this 
        subsection'' and inserting ``subparagraphs (A) through (C) of 
        paragraph (1)''; and
            (4) by adding at the end the following:
    ``(4) Annotation of Controlled Information.--Each person submitting 
to the Board trade secrets, commercial information, financial 
information, or information that could be classified as controlled 
under the International Traffic in Arms Regulations shall appropriately 
annotate the information to indicate the restricted nature of the 
information in order to facilitate proper handling of such materials by 
the Board. In this paragraph, the term `International Traffic in Arms 
Regulations' means those regulations contained in parts 120 through 130 
of title 22, Code of Federal Regulations (or any successor 
regulations).
    ``(5) Disclosures to Protect Public Health and Safety.--Disclosures 
of information under paragraph (1)(D) may include disclosures through 
accident investigation reports, safety studies, and safety 
recommendations.''.
    (b) Surface Vehicle Recordings and Transcripts.--The second 
sentence of section 1114(d)(1) is amended by striking ``that'' after 
``information''.
    (c) Vessel Recordings and Transcripts.--Section 1114 is amended--
            (1) in subsection (a)(1) by striking ``and (f)'' and 
        inserting ``(e), and (g)'';
            (2) in subsection (d)(1) by striking ``or vessel'';
            (3) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively; and
            (4) by inserting after subsection (d) the following:
    ``(e) Vessel Recordings and Transcripts.--
            ``(1) Confidentiality of recordings and transcripts.--The 
        Board may not disclose publicly any part of a vessel's voice or 
        video recorder recording or transcript of oral communications 
        by or among the crew, pilots, or docking masters of a vessel, 
        vessel traffic services, or other vessels, or between the 
        vessel's crew and company communication centers, related to a 
        marine casualty 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 marine casualty--
                    ``(A) if the Board holds a public hearing on the 
                marine casualty, 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 marine casualty are placed in the public docket.
            ``(2) 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.''.
    (d) Foreign Investigations.--Section 1114(g) (as redesignated by 
subsection (c)(3) of this section) is amended--
            (1) in paragraph (1)(A) by striking ``shall'' and inserting 
        ``may''; and
            (2) in paragraph (2) by inserting ``, or other relevant 
        information authorized for disclosure under this chapter,'' 
        after ``information''.
    (e) Party Representatives to NTSB Investigations.--
            (1) In general.--Section 1114 is further amended by adding 
        at the end the following:
    ``(h) Party Representatives to NTSB Investigations.--
            ``(1) Prohibition on disclosure of information.--A party 
        representative to an accident or marine casualty investigation 
        of the Board is prohibited from disclosing, orally or in 
        written form, investigative information, as defined by the 
        Board, to anyone who is not an employee of the Board or who is 
        not a party representative to such investigation, except--
                    ``(A) as provided in paragraph (2); or
                    ``(B) at the conclusion of the fact finding stage 
                of an investigation, which the investigator-in-charge 
                shall announce by formal posting of a notice in the 
                publicly available investigation docket.
            ``(2) Exception.--If the investigator-in-charge determines 
        that a disclosure of information related to an accident or 
        marine casualty investigation is necessary to prevent 
        additional accidents or marine casualties, to address a 
        perceived safety deficiency, or to assist in the conduct of the 
        investigation, the investigator-in-charge may at any time 
        authorize in writing a party representative to disclose such 
        information under conditions approved by the investigator-in-
        charge. Such conditions shall ensure that, until the posting of 
        a formal notice described in paragraph (1)(B), or until the 
        information disclosed pursuant to this paragraph becomes 
        publicly available by any other means, neither the entity 
        represented by the party representative nor any other person 
        may use such information in preparation for the prosecution of 
        any claim or defense in litigation in connection with the 
        accident or marine casualty being investigated or to make or 
        deny any insurance claim in connection with such accident or 
        marine casualty.
            ``(3) Compliance.--The Board shall require any individual 
        who is a party representative to an investigation of the Board 
        to sign a party agreement that includes language informing the 
        individual of the prohibition in paragraph (1).
            ``(4) Representatives of federal agencies.--Paragraph (3) 
        shall not apply to an individual who is a representative of the 
        Secretary of Transportation, the Secretary of the department in 
        which the Coast Guard is operating, or any other Federal 
        department, agency, or instrumentality participating in the 
        investigation and deemed by the Board to be performing a law 
        enforcement or similar function.
            ``(5) Compliance with faa statutory obligations.--Nothing 
        in this subsection prohibits the Federal Aviation 
        Administration from fulfilling statutory obligations to ensure 
        safe operations.
            ``(6) Party representative defined.--In this subsection, 
        the term `party representative' means an individual 
        representing a party to an investigation pursuant to section 
        831.11 of title 49, Code of Federal Regulations, as in effect 
        on the date of enactment of this subsection.''.
            (2) Civil penalty.--Section 1151 is amended--
                    (A) in the section heading by striking ``Aviation 
                enforcement'' and inserting ``Enforcement''; and
                    (B) by inserting ``1114(h),'' before ``1132,'' in 
                each of subsections (a), (b)(1), and (c).
            (3) Conforming amendment.--The analysis for chapter 11 is 
        amended by striking the item relating to section 1151 and 
        inserting the following:

``1151. Enforcement.''.
    (f) GAO Study of Party Process.--
            (1) In general.--The Comptroller General shall conduct a 
        study on the use of party representatives in investigations 
        conducted by the National Transportation Safety Board.
            (2) Contents.--In conducting the study, the Comptroller 
        General shall examine, at a minimum--
                    (A) whether the composition of the party 
                representatives should be broadened to include on-going 
                representatives from other entities that could provide 
                independent, technically qualified representatives to a 
                Board investigation;
                    (B) whether the participation of party 
                representatives in a Board investigation results in any 
                unfair advantages for the entities represented by the 
                party representatives while the Board is conducting the 
                investigation;
                    (C) whether the use of party representatives leads 
                to bias in the outcome of a Board investigation; and
                    (D) whether Board investigations would be 
                compromised in any way absent the participation and 
                expertise of party representatives.
            (3) Report to congress.--Not later than 18 months after the 
        date of enactment of this Act, the Comptroller General shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report on the 
        results of the study conducted under this subsection, including 
        any recommendations for improvements in the Board's use of the 
        party representative process.

SEC. 7. TRAINING.

    Section 1115(d) is amended--
            (1) by inserting ``theory and techniques and on 
        transportation safety methods to advance Board safety 
        recommendations'' before the period at the end of the first 
        sentence;
            (2) by inserting ``or who influence the course of 
        transportation safety through support or adoption of Board 
        safety recommendations'' before the period at the end of the 
        second sentence; and
            (3) by inserting ``under section 1118(c)(2)'' before the 
        period at the end of the third sentence.

SEC. 8. REPORTS AND STUDIES.

    (a) Studies and Investigations.--Section 1116(b) is amended--
            (1) in paragraph (1) by striking ``carry out'' and 
        inserting ``conduct''; and
            (2) by striking paragraph (3) and inserting the following:
            ``(3) prescribe requirements for persons reporting 
        accidents, as defined in section 1101(a), that may be 
        investigated by the Board under this chapter;''.
    (b) Urgent Safety Recommendations and Interim Measures.--Section 
1116 is amended by adding at the end the following:
    ``(c) Urgent Safety Recommendations and Interim Measures.--
            ``(1) Limitation on statutory construction.--Nothing in 
        this section shall restrict the Board from--
                    ``(A) making urgent safety recommendations, as 
                identified by the Board during an ongoing safety 
                investigation or study, to any department, agency, or 
                instrumentality of the Federal Government, a State or 
                local governmental authority, or a person concerned 
                with transportation safety; or
                    ``(B) recommending interim measures, as identified 
                by the Board, to a department, agency, instrumentality, 
                authority, or person described in subparagraph (A) to 
                mitigate risks to transportation safety pending 
                implementation of more comprehensive responses by the 
                department, agency, instrumentality, authority, or 
                person.
            ``(2) Inclusion in final accident reports.--If the Board 
        makes an urgent safety recommendation or recommends an interim 
        measure before completing a relevant final accident report, if 
        any, the urgent safety recommendation or interim measure shall 
        also be reflected in the final accident report.''.
    (c) Evaluation and Audit.--Section 1138(a) is amended by striking 
``conducted at least annually, but may be''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 1118(a) is amended to read as follows:
    ``(a) In General.--There is authorized to be appropriated for the 
purposes of this chapter--
            ``(1) $107,583,000 for fiscal year 2011;
            ``(2) $115,347,000 for fiscal year 2012;
            ``(3) $122,187,000 for fiscal year 2013; and
            ``(4) $124,158,000 for fiscal year 2014.
Such sums shall remain available until expended.''.
    (b) Fees, Refunds, Reimbursements, and Advances.--Section 1118(c) 
is amended--
            (1) by striking the subsection heading and inserting the 
        following: ``Fees, Refunds, Reimbursements, and Advances'';
            (2) in paragraph (1)--
                    (A) by striking ``and reimbursements'' and 
                inserting ``reimbursements, and advances''; and
                    (B) by striking ``services'' and inserting 
                ``activities, services, and facilities'';
            (3) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A) by 
                striking ``or reimbursement'' and inserting 
                ``reimbursement, or advance''; and
                    (B) in each of subparagraphs (A) and (B) by 
                striking ``activities'' and all that follows before the 
                semicolon and inserting ``activities, services, or 
                facilities for which the fee, refund, reimbursement, or 
                advance is associated'';
            (4) by redesignating paragraph (3) as paragraph (4);
            (5) by inserting after paragraph (2) the following:
            ``(3) Annual record of collections.--The Board shall 
        maintain an annual record of collections received under 
        paragraph (2).''; and
            (6) in paragraph (4) (as redesignated by paragraph (4) of 
        this subsection) by inserting ``or advance'' after ``fee''.

SEC. 10. ACCIDENT INVESTIGATION AUTHORITY.

    (a) In General.--Section 1131(a)(1) is amended--
            (1) in the matter preceding subparagraph (A) by striking 
        ``cause or probable cause'' and inserting ``causes or probable 
        causes'';
            (2) in subparagraph (C) by striking ``a fatality or 
        substantial property damage'' and inserting ``a fatality (other 
        than a fatality involving a trespasser) or substantial property 
        damage'';
            (3) in subparagraph (E) by striking ``and'' at the end;
            (4) in subparagraph (F) by striking the period at the end 
        and inserting ``; and''; and
            (5) by adding at the end the following:
            ``(G) an accident in response to an international request 
        and delegation under appropriate international conventions, 
        coordinated through the Department of State and accepted by the 
        Board.''.
    (b) Authorities of Other Agencies.--The second sentence of section 
1131(a)(3) is amended by inserting ``or relevant to'' after ``developed 
about''.
    (c) Accidents Not Involving Government Misfeasance or 
Nonfeasance.--Section 1131(c) is amended by adding at the end the 
following:
            ``(3) Authority of board representative.--In the case of a 
        delegation of authority under paragraph (1), the Secretary, or 
        a person designated by the Secretary, shall have the authority 
        of the Board, on display of appropriate credentials and written 
        notice of inspection authority, to enter property where the 
        aircraft accident has occurred or wreckage from the accident is 
        located and to gather evidence in support of a Board 
        investigation, in accordance with rules the Board may 
        prescribe.''.
    (d) Incident Investigations.--Section 1131 is amended by adding at 
the end the following:
    ``(f) Incident Investigations.--
            ``(1) Memorandum of understanding.--Not later than 90 days 
        after the issuance of final regulations under section 
        1101(a)(2), the Chairman of the Board shall seek to enter into 
        a memorandum of understanding with the Secretary of 
        Transportation and the head of each modal administration of the 
        Department of Transportation that sets forth--
                    ``(A) an understanding of the conditions under 
                which the Board will conduct an incident investigation 
                that involves the applicable mode of transportation; 
                and
                    ``(B) the roles and responsibilities of the parties 
                to the memorandum when the Board is conducting an 
                incident investigation.
            ``(2) Updates and renewals.--Each memorandum of 
        understanding required under paragraph (1) shall be updated and 
        renewed not less than once every 5 years, unless parties to the 
        memorandum agree that updating the memorandum is unnecessary.
            ``(3) Board authority.--Nothing in this paragraph negates 
        the authority of the Board to investigate an incident.
            ``(4) Incident defined.--In this subsection, the term 
        `incident' means an incident described in regulations issued 
        under section 1101(a)(2).''.

SEC. 11. MARINE CASUALTY INVESTIGATIONS.

    (a) In General.--Chapter 11 is amended by inserting after section 
1132 the following:
``Sec. 1132a. Marine casualty investigations
    ``(a) Delegation of Authority to Coast Guard.--
            ``(1) In general.--In an investigation of a major marine 
        casualty under section 1131(a)(1)(E), the Board, with the 
        consent of the Secretary of the department in which the Coast 
        Guard is operating, may delegate to the Commandant of the Coast 
        Guard full authority to obtain the facts of the casualty. In 
        the case of such a delegation, the Commandant, acting through 
        the Commandant's on-scene representative, shall have the full 
        authority of the Board.
            ``(2) Required training, experience, and qualifications.--
        The Board may not make a delegation under paragraph (1) unless 
        the Board determines that the Commandant's on-scene 
        representatives have sufficient training, experience, and 
        qualifications in investigation, marine casualty 
        reconstruction, evidence collection and preservation, human 
        factors, and documentation to act in accordance with the best 
        investigation practices of Federal and non-Federal entities.
    ``(b) Participation of Commandant in Marine Investigations.--The 
Board shall provide for the participation of the Commandant of the 
Coast Guard in an investigation by the Board of a major marine casualty 
under section 1131(a)(1)(E) if such participation is necessary to carry 
out the duties and powers of the Commandant, except that the Commandant 
may not participate in establishing the probable cause of the marine 
casualty (other than as provided in section 1131(b)).''.
    (b) Conforming Amendment.--The analysis for chapter 11 is amended 
by inserting after the item relating to section 1132 the following:

``1132a. Marine casualty investigations.''.

SEC. 12. INSPECTIONS AND AUTOPSIES.

    (a) Entry and Inspection.--Section 1134(a) is amended in the matter 
preceding paragraph (1)--
            (1) by striking ``officer or employee'' and inserting 
        ``officer, employee, or Federal designee''; and
            (2) by inserting ``in the conduct of any accident 
        investigation or study'' after ``National Transportation Safety 
        Board''.
    (b) Inspection, Testing, Preservation, and Moving of Aircraft and 
Parts.--Section 1134(b) is amended to read as follows:
    ``(b) Inspection, Testing, Preservation, and Moving of Aircraft and 
Parts.--
            ``(1) Inspection and testing.--In investigating an aircraft 
        accident under this chapter, the Board may--
                    ``(A) 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;
                    ``(B) seize or otherwise obtain any recording 
                device and recording pertinent to the accident; and
                    ``(C) require specific information only available 
                from the manufacturer to enable the Board to read and 
                interpret any flight parameter or navigation storage 
                device or media on board the aircraft involved in the 
                accident.
            ``(2) Moving of aircraft and parts.--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.
            ``(3) Trade secrets, commercial information, and financial 
        information.--The provisions of section 1114(b) shall apply to 
        materials provided under paragraph (1)(C) and properly 
        identified as trade secrets, commercial information, or 
        financial information.''.
    (c) Avoiding Unnecessary Interference; Preserving Evidence.--
Section 1134(c) is amended to read as follows:
    ``(c) Avoiding Unnecessary Interference; Preserving Evidence.--
            ``(1) Inspection and testing.--In carrying out subsection 
        (a)(1), an officer or employee may--
                    ``(A) examine or test any vehicle, vessel, rolling 
                stock, track, or pipeline component;
                    ``(B) seize or otherwise obtain any recording 
                device and recording pertinent to the accident; and
                    ``(C) require the production of specific 
                information only available from the manufacturer to 
                enable the Board to read and interpret any operational 
                parameter or navigation storage device or media on 
                board the vehicle, vessel, or rolling stock involved in 
                the accident.
            ``(2) Trade secrets, commercial information, and financial 
        information.--The provisions of section 1114(b) shall apply to 
        materials provided under paragraph (1)(C) and properly 
        identified as trade secrets, commercial information, or 
        financial information.
            ``(3) Conduct of examinations and tests.--An examination or 
        test under paragraph (1)(A) shall be conducted in a way that--
                    ``(A) does not interfere unnecessarily with 
                transportation services provided by the owner or 
                operator of the vehicle, vessel, rolling stock, track, 
                or pipeline component; and
                    ``(B) 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.''.

SEC. 13. DISCOVERY AND USE OF COCKPIT AND SURFACE VEHICLE RECORDINGS 
              AND TRANSCRIPTS.

    Section 1154(a)(1)(A) is amended by striking ``; and'' and 
inserting ``; or''.

SEC. 14. FAMILY ASSISTANCE.

    (a) Family Assistance in Commercial Aviation Accidents.--Section 
41113(b)(7) is amended by inserting before the period at the end the 
following: ``, and that at least 60 days before the planned destruction 
of any unclaimed possession of a passenger a reasonable attempt will be 
made to notify the family of the passenger''.
    (b) Family Assistance in Commercial Aviation Accidents Involving 
Foreign Carriers.--Section 41313(c)(7) is amended by inserting before 
the period at the end the following: ``, and that at least 60 days 
before the planned destruction of any unclaimed possession of a 
passenger a reasonable attempt will be made to notify the family of the 
passenger''.

SEC. 15. NOTIFICATION OF MARINE CASUALTIES.

    Not later than 6 months after the date of enactment of this Act, 
the National Transportation Safety Board and the Secretary of the 
department in which the Coast Guard is operating shall jointly 
prescribe regulations to ensure the prompt notification and reporting 
of marine casualties by the Coast Guard to the Board.

SEC. 16. USE OF BOARD NAME, LOGO, INITIALS, AND SEAL.

    Section 709 of title 18, United States Code, is amended--
            (1) by inserting ``or'' at the end of the paragraph 
        immediately preceding the paragraph that begins ``Shall be 
        punished as follows:''; and
            (2) by inserting the following before the paragraph that 
        begins ``Shall be punished as follows:'':
    ``Whoever, except with the written permission of the Chairman of 
the National Transportation Safety Board, knowingly uses the words 
`National Transportation Safety Board', the logo of the Board, the 
initials `NTSB', or the official seal of the Board, or any colorable 
imitation of such words, logo, initials, or seal, in connection with 
any advertisement, circular, book, pamphlet, or other publication, or 
any play, motion picture, broadcast, telecast, or other production, in 
a manner reasonably calculated to convey the impression that such 
advertisement, circular, book, pamphlet, or other publication, or such 
play, motion picture, broadcast, telecast, or other production, is 
approved, endorsed, or authorized by the National Transportation Safety 
Board;''.

            Passed the House of Representatives September 28, 2010.

            Attest:

                                                                 Clerk.
111th CONGRESS

  2d Session

                               H. R. 4714

_______________________________________________________________________

                                 AN ACT

To amend title 49, United States Code, to authorize appropriations for 
the National Transportation Safety Board for fiscal years 2011 through 
                     2014, and for other purposes.
```