Independent Safety Board Act Amendments of 1990
PL 101-641 (S.3012), enacted 11/28/1990

104 STAT. 4654 
PUBLIC LAW 101-641—NOV. 28, 1990 
Public Law 101-641 
101st Congress 
An Act 
Nov. 28, 1990 
[S. 3012] 
Independent 
Safety 
Board Act 
Amendments 
of 1990. 
49 u s e app. 
1901 note. 
To {imend the Independent Safety Board Act of 1974 to authorize appropriations for 
fiscal years 1991, 1992, and 1993, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Independent Safety 
Board Act Amendments of 1990". 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 2. Section 309(a) of the Independent Safety Board Act of 1974 
(49 App. U.S.C. 1907(a)) is amended by adding at the end the 
following: "There are authorized to be appropriated for the purposes 
of this Act not to exceed $32,000,000 for the fiscal year ending 
September 30, 1991; $38,600,000 for the fiscal year 
ending 
September 30, 1992; and $38,800,000 for the fiscal year ending 
September 30,1993, such sums to remain available until expended.'. 
EXAMINATION AND TESTING 
SEC. 3. (a) Section 3O40t))(2) of the Independent Safety Board Act of 
1974 (49 App. U.S.C. 1903(bX2)) is amended by inserting "vessel," 
immediately before "vehicle" each place it appears. 
(b) Section 304(b)(2) of the Independent Safety Board Act of 1974 
(49 App. U.S.C. 1903a))(2)) is amended by adding at the end the 
following new sentences: "The Board shall have sole authority to 
determine the manner in which testing will be carried out under 
this paragraph and under section 701(c) of the Federal Aviation Act 
of 1958, including determining the persons who will conduct the test, 
the type of test which will be conducted, and the persons who will 
witness the test. Such determinations are committed to the discre-
tion of the Board and shall be made on the basis of the needs of the 
investigation being conducted bv the Board and, where applicable, 
the provisions of this paragraph. . 
COCKPIT VOICE RECORDER RECORDINGS AND TRANSCRIPTIONS 
SEC. 4. Section 306 of the Independent Safety Board Act of 1974 (49 
App. U.S.C. 1905) is amended by striking subsection (c) and inserting 
in lieu thereof the following: 
"(c) PUBLIC DISCLOSURE OF COCKPIT VOICE RECORDER RECORDINGS 
AND TRANSCRIPTIONS.—(1) Notwithstanding any other provision of 
law, the Board shall withhold from public disclosure cockpit voice 
recorder recordings and transcriptions, in whole or in part, of oral 
communications by and between flight crew members and ground 
stations, that are associated with accidents or incidents investigated 
by the Board. 
PUBLIC LAW 101-641—NOV. 28, 1990 
104 STAT. 4655 
"(2) Portions of a transcription of oral communications described 
in paragraph (1) which the Board determines relevant and pertinent 
to the accident or incident under investigation shall be made avail-
able to the public by the Board— 
"(A) if the Board conducts a public hearing with respect to 
such accident or incident, at the time of such hearing; and 
"(B) if the Board does not conduct such a public hearing, at 
the time when a majority of other factual reports regarding the 
accident or incident is placed in the public docket. 
"(3) Nothing in this section shall restrict the Board at any time 
from referring to cockpit voice recorder information in making 
safety recommendations. 
"(d) 
USE OF COCKPIT VOICE RECORDER RECORDINGS AND TRAN-
SCRIPTIONS IN JUDICIAL PROCEEDINGS.—(1) Except as provided in this 
subsection, in a judicial proceeding, there shall not be discovery by a 
party— 
"(A) of portions of cockpit voice recorder transcriptions other 
than such portions made available to the public by the Board 
under subsection (c)(2); and 
"(B) of cockpit voice recorder recordings. 
"(2) Subject to paragraph (4), a court may permit discovery of 
cockpit voice recorder transcriptions by a party if the court, after an 
in camera review of such transcriptions, finds that— 
"(A) the portions of the transcriptions made available to the 
public under subsection (c) do not provide the party with suffi-
cient information for the party to receive a fair trial; and 
"(B) discovery of additional portions of transcriptions is nec-
essary to provide the party with sufficient information for the 
party to receive a fair trial. 
No cockpit voice recorder transcriptions prepared by or under the 
direction of the Board, other than portions made available by the 
Board under subsection (c), shall be required to be produced for an 
in camera review, or shall be subject to discovery, unless the cockpit 
voice recorder recordings are not available. 
"(3) Subject to paragraph (4), a court may permit discovery of 
cockpit voice recorder recordings by a party if the court, after an in 
camera review of such recordings, finds that— 
"(A) the portions of transcriptions made available to the 
public under subsection (c) and to the party through discovery 
under paragraph (2) do not provide the party with sufficient 
information for the party to receive a fair trial; and 
"(B) discovery of cockpit voice recorder recordings is nec-
essary to provide the party with sufficient information for the 
party to receive a fair trial. 
"(4) If, under paragraph (2) or (3), there is discovery in a judicial 
proceeding of a cockpit voice recorder recording or any portion of a 
cockpit voice recorder transcription not made available to the public 
under subsection (c)(2), the court shall issue a protective order to 
limit the use of such recording or portion to the judicial proceeding 
and to prohibit dissemination of such recording or portion to any 
person who does not need access to such recording or portion for 
such proceeding. 
"(5) A court may permit admission of a cockpit voice recorder 
recording or any portion of a cockpit voice recorder transcription 
not made available to the public under subsection (c)(2) into evidence 
in a judicial proceeding, only if the court places such recording or 
104 STAT. 4656 
PUBLIC LAW 101-641—NOV. 28, 1990 
portion under seal to preclude the use of such recordii^ or portion 
for purposes other than for such proceeding,". 
TOXICOLOGICAL TESTING OF TRANSPORTATION DEPARTMENT EMPLOYEES 
49 use app. 
SEC. 5. (a) When the Department of Transportation, including any 
1657-1. 
of its agencies, conducts post-accident or post-incident toxicological 
testing of an employee of the Department, specimen collection shall 
be accomplished as soon as practicable after the accident or in-
cident, and the Department shall endeavor when feasible to com-
plete such collection within four hours after the accident or 
incident. 
Reports. 
(b) The head of each agency within the Department of Transpor-
tation shall send to the Office of the Secretary of Transportation a 
report on the circumstances concerning the amount of time required 
to complete specimen collection related to a toxicol(^cal test which 
is conducted on an employee within that agency who is reasonably 
associated with the circumstances of an accident or incident within 
the investigative jurisdiction of the National Transportation Safety 
Board. 
(c) Any failure to comply with the requirements of this section 
may not be asserted, by the subject of such testing, as a claim, cause 
of action, or defense in any administrative or judicial proceeding. 
BOARD ACCESS TO TOXICOLOGICAL TESTING RECORDS 
SEC. 6. Section 304(b) of the Independent Safety Board Act of 1974 
(49 App. U.S.C. 1903(b)), is amended by redesignating paragraph (11) 
as paragraph (12) and by inserting immediately after paragraph (10) 
the following new paragraph: 
"(IIXA) Notwithstanding section 503(e) of the Act entitled 'An Act 
making supplemental appropriations for the fiscal year ending 
September 30, 1987, and for other purposes', approved July 11, 1987 
(5 U.S.C. 7301 note), the Board is authorized to obtain from the 
Secretary of Transportation, by written request, and shall be 
furnished— 
"(i) any report of a confirmed positive toxicological test, veri-
fied as positive by a medical review officer, which is conducted 
on an employee of the Department of Transportation, including 
any of its agencies, pursuant to post-accident, unsafe practice, or 
reasonable suspicion toxicological testing requirements of the 
Department, when that employee is reasonably associated with 
the circumstances of an accident or incident within the inves-
tigative jurisdiction of the Board; and 
"(ii) any laboratory record providing documentation that such 
test is confirmed positive. 
"(B) Except as provided in subparagraph (C), the Board shall 
maintain in confidence and exempt from public disclosure in accord-
ance with section 552(bX3) of title 5, United States Code— 
"(i) any laboratory record, made available under subpara-
graph (A), of a confirmed and verified toxicological test which 
reveals medical use of a drug permitted under applicable regu-
lations; and 
"(ii) any medical information provided by the tested employee 
in connection with such test or in connection with a review of 
such test. 
PUBLIC LAW 101-641—NOV. 28, 1990 
104 STAT. 4657 
"(C) The Board may use such a laboratory record for development 
of any evidentiary record in an investigation by the Board of an 
accident or incident if— 
"(i) the fitness of the employee who is the subject of the 
toxicological testing is at issue in the investigation; and 
"(ii) the use of that record is necessary in the development of 
such evidentiary record.". 
ODOMETER MILEAGE DISCLOSURE 
SEC. 7. (a) Section 408(d)(2)(C) of the Motor Vehicle Information 
and Cost Savings Act (15 U.S.C. 1988(d)(2)(C)) is amended by striking 
the third sentence and inserting in lieu thereof the following: "The 
rule, consistent with the purposes of this Act and the need to 
facilitate enforcement thereof, shall prescribe that the form be 
issued by the State to the transferee in accordance with paragraph 
(2)(AXi), shall prescribe that the person granted such power of 
attorney shall retain a copy of such power of attorney and shall 
submit the original back to the State with a copy of the title showing 
the restatement of the mileage, and may prescribe that the State 
retain the power of attorney and the copy of the title for an 
appropriate period or that the State adopt alternative measures 
consistent with the purposes of this title, taking into consideration 
costs to the State. The rule shall not require that a vehicle be titled 
in the State in which the power of attorney was issued.". 
(b) The amendment made by subsection (a) shall be effective on 
the date of enactment of this Act and the Secretary of Transpor-
tation shall implement the amended section by promulgating a 
revision of existing regulations within six months after such effec-
tive date. Such rule shall consider the need to facilitate normal 
commercial transactions in the sale or exchange of motor vehicles. 
Inter-
governmental 
relations. 
Effective date. 
Regulations. 
15 u s e 1988 
note. 
REPORT ON LOW-LEVEL RADIOACTIVE WASTE TRANSPORTATION 
SEC. 8. Within twelve months after the date of enactment of this 
Act, the Secretary of Transportation shall conduct and complete a 
thorough study of and prepare a report to Congress on the transpor-
tation of low-level radioactive waste, specifically including— 
(1) an evaluation of the feasibility of requiring States that' 
transport waste to a regional disposal facility established and 
operated under an interstate compact pursuant to section 4 of 
the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021d) to 
use, to the maximum extent practicable, routes which are 
within the geographic borders of the States that are parties to 
the compact; 
(2) factual information on the volume of low-level radioactive 
waste being shipped currently and estimates of such shipments 
for the calendar years 1991 through 1995; 
(3) a list of the routes proposed to be used for shipment of such 
waste to the disposal facilities operated under such an inter-
state compact; 
(4) a review of the process for determining and approving such 
routes; 
(5) a review of the processes for resolving gmy disputes that 
may arise, between States and between Commissions created by 
such interstate compacts, regarding such routes; and 
49 u s e app. 
1804 note. 
104 STAT. 4658 
PUBLIC LAW 101-641—NOV. 28, 1990 
(6) identification of the public safety risks associated with 
possible accidents in transporting such waste and of the re-
sponse plans to be employed in the event of a transportation 
accident, 
INTERCITY RAIL PASSENGER SERVICE 
SEC. 9. (a) Section 402(dXl) of Rail Passenger Service Act (45 U.S.C. 
562(dXl)) is amended by adding at the end the following new sen-
tence: "The Corporation may subsequently convey title or other 
interest in such property to a third party, if such reconveyance is 
found by the Commission to further the purposes of this Act.". 
(b) The amendment made by subsection (a) shall apply to any 
proceeding instituted before, on, or after the date of enactment of 
this Act (including any such proceeding pending before any Federal 
court on such date of enactment). 
COMMUTER RAIL SERVICE 
SEC. 10. Notwithstanding any other provision of law, the National 
Railroad Passenger Corporation shall not discontinue commuter rail 
service between Valparaiso, Indiana and Chicago, Illinois, before 
May 6,1991. 
Approved November 28, 1990. 
LEGISLATIVE HISTORY—S. 3012 (H.R. 5132): 
HOUSE REPORTS: No. 101-661, Pt. 1 (Comm. on Public Works and Transportation) 
and Pt. 2 (Comm. on Energy and Commerce) both accompanying 
H.R. 5132. 
SENATE REPORTS: No. 101-450 (Comm. on Commerce, Science, and 
i^l*9.TlSD01*tfl.tl0n ^ 
C O N G R E S S I O N A L R E C O R D . Vol. 136 (1990): 
Oct. 27, considered and passed Senate and House. 
WEEKLY C O M P I L A T I O N OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 28, Presidential statement.