,,ii #aaeth ,,congress #ast ,session ,s4 #bbjb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #f1 #bjag ,mr4 ,thune 7for himself1 ,mr4 ,nelson1 ,mrs4 ,fischer1 ,mr4 ,booker1 and ,mr4 ,blunt7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to authorize appropriations for the ,national ,transportation ,safety ,board1 and for other purposes4 #a4 ,short title2 table of contents2 references 7a7 ,short title ,this ,act may be cited as the ,national ,transportation ,safety ,board ,reauthorization ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents2 references4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,authorization of appropriations4 ,sec4 #d4 ,still images4 ,sec4 #e4 ,information sharing4 ,sec4 #f4 ,electronic records4 ,sec4 #g4 ,report on ,most ,wanted ,list methodology4 ,sec4 #h4 ,methodology sections4 ,sec4 #i4 ,addressing the needs of families of individuals involved in accidents4 ,sec4 #aj4 ,government ,accountability ,office report on investigation launch decision-making processes4 ,sec4 #aa4 ,periodic review of safety recommendations4 ,sec4 #ab4 ,general organization4 ,sec4 #ac4 ,technical and conforming amendments4 7c7 ,references to title #di1 ,united ,states ,code ,except as otherwise expressly provided1 wherever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #di1 ,united ,states ,code4 #b4 ,definitions ,in this ,act3 7#a7 ,board ,the term ,board means the ,national ,transportation ,safety ,board4 7#b7 ,chairman ,the term ,chairman means the ,chairman of the ,national ,transportation ,safety ,board4 7#c7 ,most ,wanted ,list ,the term ,most ,wanted ,list means the ,board publication entitled ,most ,wanted ,list4 #c4 ,authorization of appropriations ,section #aaah7;a7 is amended to read as follows3 7a7 ,in general ,there are authorized to be appropriated for the purposes of this chapter-- 7#a7 #aaa1djj1jjj for fiscal year #bjai2 7#b7 #aab1djj1jjj for fiscal year #bjbj2 7#c7 #aac1djj1jjj for fiscal year #bjba2 7#d7 #aad1djj1jjj for fiscal year #bjbb2 and 7#e7 #aae1djj1jjj for fiscal year #bjbc4 4 #d4 ,still images 7a7 ,still images1 voice recorders1 and video recorders 7#a7 ,cockpit recordings and transcripts ,section #aaad7;c7 is amended-- 7,a7 by redesignating paragraph 7#b7 as paragraph 7#c72 7,b7 in paragraph 7#c71 as redesignated1 by inserting ,references to information in making safety recommendations4-- before ,this2 and 7,c7 in paragraph 7#a7-- 7i7 in the first sentence1 by striking ,the ,board and inserting ,confidentiality of recordings4--,except as provided in paragraph 7#b71 the ,board2 and 7ii7 by amending the second sentence to read as follows3 7#b7 ,exception ,subject to subsections 7b7 and 7g71 the ,board shall make public any part of a transcript1 any written depiction of visual information obtained from a video recorder1 or any still image obtained from a video recorder the ,board decides is relevant to the accident-- 7,a7 if the ,board holds a public hearing on the accident or incident1 at the time of the hearing2 or 7,b7 if the ,board does not hold a public hearing1 at the time a majority of the other factual reports on the accident are placed in the public docket4 4 7#b7 ,surface vehicle recordings and transcripts ,section #aaad7;d7 is amended-- 7,a7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,b7 in paragraph 7#a7-- 7i7 in the first sentence1 by striking ,the ,board and inserting ,except as provided in paragraph 7#b71 the ,board2 and 7ii7 by amending the second sentence to read as follows3 7#b7 ,exception ,subject to subsections 7b7 and 7g71 the ,board shall make public any part of a transcript1 any written depiction of visual information obtained from a video recorder1 or any still image obtained from a video recorder the ,board decides is relevant to the accident-- 7,a7 if the ,board holds a public hearing on the accident1 at the time of the hearing2 or 7,b7 if the ,board does not hold a public hearing1 at the time a majority of the other factual reports on the accident are placed in the public docket4 4 7#c7 ,privacy protections ,section #aaad is amended by adding at the end the following3 7g7 ,privacy protections ,before making public any still image obtained from a video recorder under subsection 7c77#b7 or subsection 7d77#b71 the ,board shall take such action as appropriate to protect from public disclosure any information that readily identifies an individual1 including a decedent4 4 7b7 ,cockpit and surface vehicle recordings and transcripts ,section #aaed7;a7 is amended-- 7#a7 in the heading1 by striking ,transcripts and recordings and inserting ,in general2 7#b7 in paragraph 7#a7-- 7,a7 by redesignating subparagraphs 7,a7 and 7,b7 as subparagraphs 7,b7 and 7,c71 respectively2 and 7,b7 by inserting before subparagraph 7,b7 the following3 7,a7 any still image that the ,national ,transportation ,safety ,board has not made available to the public under section #aaad7;c7 or #aaad7;d7 of this title2 2 7#c7 in paragraph 7#c7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking recorder recording and inserting recorder recording1 including with regard to a video recording any still image that the ,national ,transportation ,safety ,board has not made available to the public under section #aaad7;c7 or #aaad7;d7 of this title12 and 7,b7 in subparagraph 7,b71 by striking recorder recording and inserting recorder recording1 including with regard to a video recording any still image that the ,national ,transportation ,safety ,board has not made available to the public under section #aaad7;c7 or #aaad7;d7 of this title12 and 7#d7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a7-- 7i7 by inserting a still image or before a part of a cockpit2 and 7ii7 by striking the part of the transcript or the recording each place it appears and inserting the still image1 the part of the transcript1 or the recording2 7,b7 in subparagraph 7,b7-- 7i7 by inserting a still image or before a part of a cockpit2 and 7ii7 by striking the part of the transcript or the recording each place it appears and inserting the still image1 the part of the transcript1 or the recording2 and 7,c7 in paragraph 7#f7-- 7i7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7ii7 by inserting after subparagraph 7,a7 the following3 7,b7 ,still image ,the term still image means any still image obtained from a video recorder4 4 #e4 ,information sharing 7a7 ,confidential information ,section #aaad7;b7 is amended-- 7#a7 in the heading1 by striking ,trade secrets and inserting ,certain confidential information2 7#b7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a7-- 7i7 by inserting ,in general4-- before ,the ,board2 and 7ii7 by striking information related to a trade secret referred to in section #aije of title #ah and inserting information1 including trade secrets1 as described in section #aije of title #ah2 and 7,b7 in subparagraph 7,d71 by striking to the public to protect health and safety and inserting subject to paragraph 7#d71 to the public when the ,board considers it necessary to protect health and safety2 7#c7 in paragraph 7#b71 by striking ,information and inserting ,preservation of confidentiality4--,information2 and 7#d7 by adding at the end the following3 7#d7 ,limitation ,a disclosure under paragraph 7#a77;,d7 may only be considered necessary to protect health and safety if the ,board is required under this chapter to explain a finding1 a cause or probable cause1 or a safety recommendation related to an accident or incident investigated by the ,board and cannot reasonably fulfill its duties without such disclosure4 4 7b7 ,sharing information with other ,federal agencies ,section #aaad1 as amended1 is further amended by adding at the end the following3 7h7 ,limitation ,a department1 agency1 or instrumentality of the ,united ,states ,government that receives information from the ,board under this section may not publicly disclose any part of that information if the information is exempted or prohibited from disclosure under this chapter or any other law of the ,united ,states4 4 #f4 ,electronic records ,section #aacd7;a77#b7 is amended by inserting including an electronic record1 after record14 #g4 ,report on ,most ,wanted ,list methodology 7a7 ,in general ,not later than the date that the first ,most ,wanted ,list to be published after the date of enactment of this ,act is published1 the ,chairman shall publish on a publicly available ,web site of the ,board and submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the methodology used to prioritize and select recommendations to be included by the ,board in the ,most ,wanted ,list4 7b7 ,elements ,the report under subsection 7a7 shall include-- 7#a7 a detailed description of how the ,board accounts for the risk to safety addressed in each of its recommendations1 including the extent to which the ,board considers-- 7,a7 the types of data and other information1 including studies and reports1 used to identify the amount and probability of risk to safety2 7,b7 the reduction of the risk to safety1 estimated over a period of time1 by implementing each recommendation2 7,c7 the practicality and feasibility of achieving the reduction described in subparagraph 7,b72 and 7,d7 any alternate means of reducing the risk2 7#b7 a detailed description of the extent to which the ,board considers any prior1 related investigation1 safety recommendation1 or other safety action when prioritizing and selecting recommendations2 and 7#c7 a description of the extent of coordination and consultation when prioritizing and selecting the recommendations4 7c7 ,consultation ,the ,board shall consult with the head of each relevant ,federal department and agency in developing the methodology described in subsection 7a74 7d7 ,,gao report ,not later than #ae months after the date that the methodology report is published under subsection 7a71 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report examining the methodology used by the ,board to prioritize and select safety recommendations for inclusion in the ,most ,wanted ,list1 including the extent to which the ,board-- 7#a7 utilized best practices and rigorous analysis to account for and prioritize the reduction of risk to safety2 7#b7 accounted for and factored in practicality1 feasibility1 and alternative means of reducing risk2 and 7#c7 coordinated and consulted when prioritizing and selecting the recommendations4 #h4 ,methodology sections 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,chairman shall include with each investigative report in which a recommendation is issued by the ,board1 a methodology section detailing the process and information underlying the selection of each recommendation4 7b7 ,elements ,except as provided in subsection 7c71 the methodology section under subsection 7a7 shall include1 for each recommendation-- 7#a7 a brief summary of the ,board's collection and analysis of the specific accident investigation information most relevant to the recommendation2 7#b7 a description of the ,board's use of external information1 including studies1 reports1 and experts1 other than the findings of a specific accident investigation1 to inform or support the recommendation1 including a brief summary of the specific safety benefits and other effects identified by each study1 report1 or expert2 7#c7 a brief summary of any alternative actions considered1 including the alternative of not issuing a recommendation2 and 7#d7 a brief summary of any examples of actions taken by regulated entities prior to the publication of the safety recommendation1 to the extent such actions are known to the ,board1 that were consistent with the recommendation4 7c7 ,exception ,subsection 7a7 shall not apply if the recommendation is only for a person to disseminate information on-- 7#a7 an existing agency best practices document2 or 7#b7 an existing regulatory requirement4 7d7 ,rule of construction ,nothing in this section may be construed to require any change to a recommendation made by the ,board prior to the date of enactment of this ,act1 unless the recommendation is a repeat recommendation issued on or after the date of enactment of this ,act4 7e7 ,savings clause ,nothing in this section may be construed to delay publication of the findings1 cause1 or probable cause of a ,board investigation4 #i4 ,addressing the needs of families of individuals involved in accidents 7a7 ,air carriers holding certificates of public convenience and necessity ,section #daaac is amended-- 7#a7 in subsection 7a71 by striking a major and inserting any2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#i71 by striking 7and any other victim of the accident7 and inserting 7and any other victim of the accident1 including any victim on the ground72 7,b7 in paragraph 7#af71 by striking major and inserting any2 and 7,c7 in paragraph 7#ag77;,a71 by striking significant and inserting any4 7b7 ,foreign air carriers providing foreign air transportation ,section #dacac is amended-- 7#a7 in subsection 7b71 by striking a major and inserting any2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking a significant and inserting any2 7,b7 in paragraph 7#b71 by striking a significant and inserting any2 7,c7 by amending paragraph 7#i7 to read as follows3 7#i7 ,equal treatment of passengers ,an assurance that the treatment of the families of nonrevenue passengers 7and any other victim of the accident1 including any victim on the ground7 will be the same as the treatment of the families of revenue passengers4 2 7,d7 in paragraph 7#af71 by striking major and inserting any2 and 7,e7 in paragraph 7#ag77;,a71 by striking significant and inserting any4 7c7 ,assistance to families of passengers involved in aircraft accidents ,section #aacf is amended-- 7#a7 in subsection 7a71 by striking aircraft accident within the ,united ,states involving an air carrier or foreign air carrier and resulting in a major loss of life and inserting aircraft accident involving an air carrier or foreign air carrier1 resulting in any loss of life1 and for which the ,national ,transportation ,safety ,board will serve as the lead investigative agency2 and 7#b7 by amending subsection 7h77#a7 to read as follows3 7#a7 ,aircraft accident ,the term aircraft accident means any aviation disaster1 regardless of its cause or suspected cause1 for which the ,national ,transportation ,safety ,board is the lead investigative agency4 4 7d7 ,information for families of individuals involved in accidents 7#a7 ,in general ,chapter #aa is amended by inserting after section #aaci the following3 #aadj4 ,information for families of individuals involved in accidents ,in the course of an investigation of an accident described in section #aaca7;a77#a71 except an aircraft accident described in section #aacf or a rail passenger accident described in section #aaci1 the ,board may1 to the maximum extent practicable1 ensure that the families of individuals involved in the accident1 and other individuals the ,board deems appropriate-- 7#a7 are informed as to the roles1 with respect to the accident and the post-accident activities1 of the ,board2 7#b7 are briefed1 prior to any public briefing1 about the accident1 its causes1 and any other findings from the investigation2 and 7#c7 are individually informed of and allowed to attend any public hearings and meetings of the ,board about the accident4 4 7#b7 ,table of contents ,the table of contents of chapter #aa is amended by inserting after the item relating to section #aaci the following3 #aadj4 ,information for families of individuals involved in accidents4 4 #aj4 ,government ,accountability ,office report on investigation launch decision-making processes ,section #aach is amended-- 7#a7 in subsection 7b7-- 7,a7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#f7 and 7#g71 respectively2 and 7,b7 by inserting after paragraph 7#d7 the following3 7#e7 the process and procedures to select an accident to investigate2 2 and 7#b7 in subsection 7c71 by inserting a comma after ,science4 #aa4 ,periodic review of safety recommendations 7a7 ,reports ,section #aaag is amended-- 7#a7 in the heading1 by striking ,annual report and inserting ,reports2 7#b7 by inserting 7a7 ,in general4-- before ,the ,national ,transportation ,safety ,board shall2 and 7#c7 by adding at the end the following3 7b7 ,retrospective review ,to ensure updated and effective safety recommendations 7#a7 ,in general ,not later than ,june #a1 #bjai1 the ,chairman shall complete1 based on the public comments under paragraph 7#b71 a comprehensive review of recommendations issued by the ,board that are classified as open by the ,board4 7#b7 ,public comments 7,a7 ,in general ,before conducting a review under paragraph 7#a71 and at least every #e years thereafter1 the ,chairman shall publish in the ,federal ,register a request for public comment on recommendations to be updated or closed4 7,b7 ,recommendations ,a request for public comment under subparagraph 7,a7 shall solicit-- 7i7 recommendations to be updated or closed1 including a reference to the applicable recommendation number2 7ii7 justifications1 including any supporting information1 for updating or closing a recommendation2 and 7iii7 if applicable1 specific suggestions for updating a recommendation4 7,c7 ,public comment period ,the ,chairman shall provide #ij days for public comment under this subsection4 7#c7 ,contents ,a review under paragraph 7#a7 shall include for each recommendation under paragraph 7#b7-- 7,a7 consideration of each justification under paragraph 7#b77;,b77ii7 and1 if applicable1 each suggestion under clause 7iii7 of that paragraph2 7,b7 an assessment of whether the recommendation is-- 7i7 outmoded or outdated in light of changed circumstances1 including the availability of new technologies2 7ii7 ineffective1 insufficient1 impracticable1 or infeasible for achieving its objective2 7iii7 unclear2 or 7iv7 inconsistent with or duplicative of other recommendations2 7,c7 a determination1 based on the assessment under subparagraph 7,b71 whether it is appropriate to update or close the recommendation2 and 7,d7 a justification for each determination under subparagraph 7,c74 7#d7 ,report ,not later than #ahj days after the date the review under paragraph 7#a7 is complete1 the ,chairman shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that includes-- 7,a7 the findings of the review under paragraph 7#a72 7,b7 each determination under paragraph 7#c77;,c7 and justification under paragraph 7#c77;,d72 and 7,c7 if applicable1 a schedule for updating or closing a recommendation4 4 7b7 ,savings clause ,nothing in this section or the amendments made by this section may be construed to limit the authority of the ,board to update or close a recommendation4 #ab4 ,general organization 7a7 ,terms of the chairman and vice chairman ,section #aaaa7;d7 is amended by striking #b years and inserting #c years4 7b7 ,nonpublic collaborative discussions ,section #aaaa is amended by adding at the end the following3 7k7 ,open meetings 7#a7 ,in general ,the ,board shall be deemed to be an agency for purposes of section #eeb;b of title #e4 7#b7 ,nonpublic collaborative discussions 7,a7 ,in general ,notwithstanding section #eeb;b of title #e1 a majority of the members may hold a meeting that is not open to public observation to discuss official agency business if-- 7i7 no formal or informal vote or other official agency action is taken at the meeting2 7ii7 each individual present at the meeting is a member or an employee of the ,board2 and 7iii7 the ,general ,counsel of the ,board is present at the meeting4 7,b7 ,disclosure of nonpublic collaborative discussions ,except as provided under subparagraph 7,c71 not later than #b business days after the conclusion of a meeting under subparagraph 7,a71 the ,board shall make available to the public1 in a place easily accessible to the public-- 7i7 a list of the individuals present at the meeting2 and 7ii7 a summary of the matters discussed at the meeting1 except for any matter the ,board properly determines may be withheld from the public under section #eeb;b7c7 of title #e4 7,c7 ,summary ,if the ,board properly determines a matter may be withheld from the public under section #eeb;b7c7 of title #e1 the ,board shall provide a summary with as much general information as possible on each matter withheld from the public4 7,d7 ,preservation of open meetings requirements for agency action ,nothing in this paragraph may be construed to limit the applicability of section #eeb;b of title #e with respect to a meeting of the members other than that described in this paragraph4 7,e7 ,statutory construction ,nothing in this paragraph may be construed-- 7i7 to limit the applicability of section #eeb;b of title #e with respect to any information which is proposed to be withheld from the public under subparagraph 7,b77ii72 or 7ii7 to authorize the ,board to withhold from any individual any record that is accessible to that individual under section #eeb;a of title #e4 4 7c7 ,investigative officers ,section #aaac is amended by striking subsection 7h74 #ac4 ,technical and conforming amendments 7a7 ,table of contents ,the table of contents of chapter #aa is amended in the item relating to section #aach by striking ,board and inserting ,board44 7b7 ,general authority ,section #aaca7;a77#a77;,a7 is amended by striking a public aircraft as defined by section #djajb7;a77#cg7 of this title and inserting a public aircraft as defined by section #djajb7;a7 of this title4