Collapse to view only § 1114. Disclosure, availability, and use of information
- § 1111. General organization
- § 1112. Special boards of inquiry on air transportation safety
- § 1113. Administrative
- § 1114. Disclosure, availability, and use of information
- § 1115. Training
- § 1116. Reports, studies, and retrospective reviews
- § 1117. Methodology
- § 1118. Authorization of appropriations
- § 1119. Accident and safety data classification and publication
§ 1111. General organization
(a)Organization.—The National Transportation Safety Board is an independent establishment of the United States Government.
(b)Appointment of Members.—The Board is composed of 5 members appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party. At least 3 members shall be appointed on the basis of technical qualification, professional standing, and demonstrated knowledge in accident reconstruction, safety engineering, human factors, transportation safety, or transportation regulation.
(c)Terms of Office and Removal.—The term of office of each member is 5 years. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, is appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(d)Chairman and Vice Chairman.—The President shall designate, by and with the advice and consent of the Senate, a Chairman of the Board. The President also shall designate a Vice Chairman of the Board. The terms of office of both the Chairman and Vice Chairman are 3 years. When the Chairman is absent or unable to serve or when the position of Chairman is vacant, the Vice Chairman acts as Chairman.
(e)Duties and Powers of Chairman.—The Chairman is the chief executive and administrative officer of the Board. Subject to the general policies and decisions of the Board, the Chairman shall—
(1) appoint and supervise officers and employees, other than regular and full-time employees in the immediate offices of another member, necessary to carry out this chapter;
(2) fix the pay of officers and employees necessary to carry out this chapter;
(3) distribute business among the officers, employees, and administrative units of the Board; and
(4) supervise the expenditures of the Board.
(f)Quorum.—Three members of the Board are a quorum in carrying out duties and powers of the Board.
(g)Offices, Bureaus, and Divisions.—The Board shall establish offices necessary to carry out this chapter, including an office to investigate and report on the safe transportation of hazardous material. The Board shall establish distinct and appropriately staffed bureaus, divisions, or offices to investigate and report on accidents involving each of the following modes of transportation:
(1) aviation.
(2) highway and motor vehicle.
(3) rail and tracked vehicle.
(4) pipeline.
(5) marine.
(h)Chief Financial Officer.—The Chairman shall designate an officer or employee of the Board as the Chief Financial Officer. The Chief Financial Officer shall—
(1) report directly to the Chairman on financial management and budget execution;
(2) direct, manage, and provide policy guidance and oversight on financial management and property and inventory control; and
(3) review the fees, rents, and other charges imposed by the Board for services and things of value it provides, and suggest appropriate revisions to those charges to reflect costs incurred by the Board in providing those services and things of value.
(i)Board Member Staff.—Each member of the Board shall select and supervise regular and full-time employees in his or her immediate office as long as any such employee has been approved for employment by the designated agency ethics official under the same guidelines that apply to all employees of the Board. Except for the Chairman, the appointment authority provided by this subsection is limited to the number of full-time equivalent positions, in addition to 1 senior professional staff at a level not to exceed the GS 15 level and 1 administrative staff, allocated to each member through the Board’s annual budget and allocation process.
(j)Seal.—The Board shall have a seal that shall be judicially recognized.
(k)Open Meetings.—
(1)In general.—The Board shall be deemed to be an agency for purposes of section 552b of title 5.
(2)Nonpublic collaborative discussions.—
(A)In general.—Notwithstanding section 552b of title 5, a majority of the members may hold a meeting that is not open to public observation to discuss official agency business if—
(i) no formal or informal vote or other official agency action is taken at the meeting;
(ii) each individual present at the meeting is a member or an employee of the Board;
(iii) at least 1 member of the Board from each political party is present at the meeting, if applicable; and
(iv) the General Counsel of the Board is present at the meeting.
(B)Disclosure of nonpublic collaborative discussions.—Except as provided under subparagraphs (C) and (D), not later than 2 business days after the conclusion of a meeting under subparagraph (A), the Board shall make available to the public, in a place easily accessible to the public—
(i) a list of the individuals present at the meeting; and
(ii) a summary of the matters, including key issues, discussed at the meeting, except for any matter the Board properly determines may be withheld from the public under section 552b(c) of title 5.
(C)Summary.—If the Board properly determines a matter may be withheld from the public under section 552b(c) of title 5, the Board shall provide a summary with as much general information as possible on each matter withheld from the public.
(D)Active investigations.—If a discussion under subparagraph (A) directly relates to an active investigation, the Board shall make the disclosure under subparagraph (B) on the date the Board adopts the final report.
(E)Preservation of open meetings requirements for agency action.—Nothing in this paragraph may be construed to limit the applicability of section 552b of title 5 with respect to a meeting of the members other than that described in this paragraph.
(F)Statutory construction.—Nothing in this paragraph may be construed—
(i) to limit the applicability of section 552b of title 5 with respect to any information which is proposed to be withheld from the public under subparagraph (B)(ii); or
(ii) to authorize the Board to withhold from any individual any record that is accessible to that individual under section 552a of title 5.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 746; Pub. L. 106–424, § 10, Nov. 1, 2000, 114 Stat. 1886; Pub. L. 109–443, § 9(a), (d), Dec. 21, 2006, 120 Stat. 3301; Pub. L. 115–254, div. C, § 1112(a), (b), Oct. 5, 2018, 132 Stat. 3436.)
§ 1112. Special boards of inquiry on air transportation safety
(a)Establishment.—If an accident involves a substantial question about public safety in air transportation, the National Transportation Safety Board may establish a special board of inquiry composed of—
(1) one member of the Board acting as chairman; and
(2) 2 members representing the public, appointed by the President on notification of the establishment of the special board of inquiry.
(b)Qualifications and Conflicts of Interest.—The public members of a special board of inquiry must be qualified by training and experience to participate in the inquiry and may not have a pecuniary interest in an aviation enterprise involved in the accident to be investigated.
(c)Authority.—A special board of inquiry has the same authority that the Board has under this chapter.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 747.)
§ 1113. Administrative
(a)General Authority.—
(1) The National Transportation Safety Board, and when authorized by it, a member of the Board, an administrative law judge employed by or assigned to the Board, or an officer or employee designated by the Chairman of the Board, may conduct hearings to carry out this chapter, administer oaths, and require, by subpoena or otherwise, necessary witnesses and evidence.
(2) A witness or evidence in a hearing under paragraph (1) of this subsection may be summoned or required to be produced from any place in the United States to the designated place of the hearing. A witness summoned under this subsection is entitled to the same fee and mileage the witness would have been paid in a court of the United States.
(3) A subpoena shall be issued under the signature of the Chairman or the Chairman’s delegate but may be served by any person designated by the Chairman.
(4) If a person disobeys a subpoena, order, or inspection notice of the Board, the Board may bring a civil action in a district court of the United States to enforce the subpoena, order, or notice. An action under this paragraph may be brought in the judicial district in which the person against whom the action is brought resides, is found, or does business. The court may punish a failure to obey an order of the court to comply with the subpoena, order, or notice as a contempt of court.
(b)Additional Powers.—
(1) The Board may—
(A) procure the temporary or intermittent services of experts or consultants under section 3109 of title 5;
(B) make agreements and other transactions necessary to carry out this chapter without regard to section 6101(b) to (d) of title 41;
(C) use, when appropriate, available services, equipment, personnel, and facilities of a department, agency, or instrumentality of the United States Government on a reimbursable or other basis;
(D) confer with employees and use services, records, and facilities of State and local governmental authorities;
(E) appoint advisory committees composed of qualified private citizens and officials of the Government and State and local governments as appropriate;
(F) accept voluntary and uncompensated services notwithstanding another law;
(G) accept gifts of money and other property;
(H) make contracts with nonprofit entities to carry out studies related to duties and powers of the Board;
(I) negotiate and enter into agreements with individuals and private entities and departments, agencies, and instrumentalities of the Government, State and local governments, and governments of foreign countries for the provision of facilities, accident-related and technical services or training in accident investigation theory and techniques, and require that such entities provide appropriate consideration for the reasonable costs of any facilities, goods, services, or training provided by the Board;
(J) notwithstanding section 1343 of title 31, acquire 1 or more small unmanned aircraft (as defined in section 44801) for use in investigations under this chapter; and
(K) notwithstanding section 3301 of title 41, acquire training on emerging transportation technologies if such training—
(i) is required for an ongoing investigation; and
(ii) meets the criteria under section 3304(a)(7)(A) of title 41.
(2) The Board shall deposit in the Treasury amounts received under paragraph (1)(I) of this subsection to be credited as offsetting collections to the appropriation of the Board. The Board shall maintain an annual record of collections received under paragraph (1)(I) of this subsection.
(c)Submission of Certain Copies to Congress.—When the Board submits to the President or the Director of the Office of Management and Budget a budget estimate, budget request, supplemental budget estimate, other budget information, a legislative recommendation, prepared testimony for congressional hearings, or comments on legislation, the Board must submit a copy to Congress at the same time. An officer, department, agency, or instrumentality of the Government may not require the Board to submit the estimate, request, information, recommendation, testimony, or comments to another officer, department, agency, or instrumentality of the Government for approval, comment, or review before being submitted to Congress. The Board shall develop and approve a process for the Board’s review and comment or approval of documents submitted to the President, Director of the Office of Management and Budget, or Congress under this subsection.
(d)Liaison Committees.—The Chairman may determine the number of committees that are appropriate to maintain effective liaison with other departments, agencies, and instrumentalities of the Government, State and local governmental authorities, and independent standard-setting authorities that carry out programs and activities related to transportation safety. The Board may designate representatives to serve on or assist those committees.
(e)Inquiries.—The Board, or an officer or employee of the Board designated by the Chairman, may conduct an inquiry to obtain information related to transportation safety after publishing notice of the inquiry in the Federal Register. The Board or designated officer or employee may require by order a department, agency, or instrumentality of the Government, a State or local governmental authority, or a person transporting individuals or property in commerce to submit to the Board a written report and answers to requests and questions related to a duty or power of the Board. The Board may prescribe the time within which the report and answers must be given to the Board or to the designated officer or employee. Copies of the report and answers shall be made available for public inspection.
(f)Regulations.—The Board may prescribe regulations to carry out this chapter.
(g)Overtime Pay.—
(1)In general.—Subject to the requirements of this section and notwithstanding paragraphs (1) and (2) of section 5542(a) of title 5, for an employee of the Board whose basic pay is at a rate which equals or exceeds the minimum rate of basic pay for GS–10 of the General Schedule, the Board may establish an overtime hourly rate of pay for the employee with respect to work performed at the scene of an accident (including travel to or from the scene) and other work that is critical to an accident investigation in an amount equal to one and one-half times the hourly rate of basic pay of the employee. All of such amount shall be considered to be premium pay.
(2)Limitation on overtime pay to an employee.—An employee of the Board may not receive overtime pay under paragraph (1), for work performed in a calendar year, in an amount that exceeds 15 percent of the annual rate of basic pay of the employee for such calendar year.
(3)Limitation on total amount of overtime pay.—The Board may not make overtime payments under paragraph (1) for work performed in any fiscal year in a total amount that exceeds 1.5 percent of the amount appropriated to carry out this chapter for that fiscal year.
(4)Basic pay defined.—In this subsection, the term “basic pay” includes any applicable locality-based comparability payment under section 5304 of title 5 (or similar provision of law) and any special rate of pay under section 5305 of title 5 (or similar provision of law).
(h)Strategic Workforce Plan.—
(1)In general.—The Board shall develop a strategic workforce plan that addresses the immediate and long-term workforce needs of the Board with respect to carrying out the authorities and duties of the Board under this chapter.
(2)Aligning the workforce to strategic goals.—In developing the strategic workforce plan under paragraph (1), the Board shall take into consideration—
(A) the current state and capabilities of the Board, including a high-level review of mission requirements, structure, workforce, and performance of the Board;
(B) the significant workforce trends, needs, issues, and challenges with respect to the Board and the transportation industry;
(C) with respect to employees involved in transportation safety work, the needs, issues, and challenges, including accident severity and risk, posed by each mode of transportation, and how the Board’s staffing for each transportation mode reflects these aspects;
(D) the workforce policies, strategies, performance measures, and interventions to mitigate succession risks that guide the workforce investment decisions of the Board;
(E) a workforce planning strategy that identifies workforce needs, including the knowledge, skills, and abilities needed to recruit and retain skilled employees at the Board;
(F) a workforce management strategy that is aligned with the mission of the Board, including plans for continuity of leadership and knowledge sharing;
(G) an implementation system that addresses workforce competency gaps, particularly in mission-critical occupations; and
(H) a system for analyzing and evaluating the performance of the Board’s workforce management policies, programs, and activities.
(3)Planning period.—The strategic workforce plan developed under paragraph (1) shall address a 5-year forecast period, but may include planning for longer periods based on information about emerging technologies or safety trends in transportation.
(4)Plan updates.—The Board shall update the strategic workforce plan developed under paragraph (1) not less than once every 5 years.
(5)Relationship to strategic plan.—The strategic workforce plan developed under paragraph (1) may be developed separately from, or incorporated into, the strategic plan required under section 306 of title 5.
(6)Availability.—The strategic workforce plan under paragraph (1) and the strategic plan required under section 306 of title 5 shall be—
(A) submitted to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate; and
(B) made available to the public on a website of the Board.
(i)Non-accident-related Travel Budget.—
(1)In general.—The Board shall establish annual fiscal year budgets for non-accident-related travel expenditures for each Board member.
(2)Notification.—The Board shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of any non-accident-related travel budget overrun for any Board member not later than 30 days of such overrun becoming known to the Board.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 747; Pub. L. 106–424, §§ 3(a), (b)(1), 4, Nov. 1, 2000, 114 Stat. 1883, 1884; Pub. L. 109–443, § 9(e)–(g), Dec. 21, 2006, 120 Stat. 3301; Pub. L. 111–350, § 5(o)(2), Jan. 4, 2011, 124 Stat. 3853; Pub. L. 115–254, div. C, § 1112(c)–(e), Oct. 5, 2018, 132 Stat. 3437, 3438; Pub. L. 118–63, title XII, §§ 1204(a), 1205–1207(a), May 16, 2024, 138 Stat. 1422–1424.)
§ 1114. Disclosure, availability, and use of information
(a)General.—
(1) Except as provided in subsections (b), (c), (d), and (f) of this section, a copy of a record, information, or investigation submitted or received by the National Transportation Safety Board, or a member or employee of the Board, shall be made available to the public on identifiable request and at reasonable cost. This subsection does not require the release of information described by section 552(b) of title 5 or protected from disclosure by another law of the United States.
(2) The Board shall deposit in the Treasury amounts received under paragraph (1) to be credited to the appropriation of the Board as offsetting collections.
(b)Certain Confidential Information.—
(1) In general.—The Board may disclose confidential information described in section 1905 of title 18, including trade secrets, only—
(A) to another department, agency, or instrumentality of the United States Government when requested for official use;
(B) to a committee of Congress having jurisdiction over the subject matter to which the information is related, when requested by that committee;
(C) in a judicial proceeding under a court order that preserves the confidentiality of the information without impairing the proceeding; and
(D) to the public to protect health and safety after giving notice to any interested person to whom the information is related and an opportunity for that person to comment in writing, or orally in closed session, on the proposed disclosure, if the delay resulting from notice and opportunity for comment would not be detrimental to health and safety.
(2) Information disclosed under paragraph (1) of this subsection may be disclosed only in a way designed to preserve its confidentiality.
(3)Protection of Voluntary Submission of Information.—Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose voluntarily provided safety-related information if that information is not related to the exercise of the Board’s accident or incident investigation authority under this chapter and if the Board finds that the disclosure of the information would inhibit the voluntary provision of that type of information.
(c)Cockpit Recordings and Transcripts.—
(1)Confidentiality of recordings.—Except as provided in paragraph (2), the Board may not disclose publicly any part of a cockpit voice or video recorder recording or transcript of oral communications by and between flight crew members and ground stations related to an accident or incident investigated by the Board.
(2)Exception.—Subject to subsections (b) and (g), the Board shall make public any part of a transcript, any written depiction of visual information obtained from a video recorder, or any still image obtained from a video recorder the Board decides is relevant to the accident or incident—
(A) if the Board holds a public hearing on the accident or incident, 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 accident or incident are placed in the public docket.
(3)References to information in making safety recommendations.—This subsection does not prevent the Board from referring at any time to cockpit voice or video recorder information in making safety recommendations.
(d)Surface Vehicle Recordings and Transcripts.—
(1)Confidentiality of recordings.—Except as provided in paragraph (2), the Board may not disclose publicly any part of a surface vehicle voice or video recorder recording or transcript of oral communications by or among drivers, train employees, or other operating employees responsible for the movement and direction of the vehicle or vessel, or between such operating employees and company communication centers, related to an accident investigated by the Board.
(2)Exception.—Subject to subsections (b) and (g), the Board shall make public any part of a transcript, any written depiction of visual information obtained from a video recorder, or any still image obtained from a video recorder the Board decides is relevant to the accident—
(A) if the Board holds a public hearing on the accident, 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 accident are placed in the public docket.
(3)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.
(e)Drug Tests.—
(1) Notwithstanding section 503(e) of the Supplemental Appropriations Act, 1987 (Public Law 100–71, 101 Stat. 471), the Secretary of Transportation shall provide the following information to the Board when requested in writing by the Board:
(A) any report of a confirmed positive toxicological test, verified as positive by a medical review officer, conducted on an officer or employee of the Department of Transportation under post-accident, unsafe practice, or reasonable suspicion toxicological testing requirements of the Department, when the officer or employee is reasonably associated with the circumstances of an accident or incident under the investigative jurisdiction of the Board.
(B) any laboratory record documenting that the test is confirmed positive.
(2) Except as provided by paragraph (3) of this subsection, the Board shall maintain the confidentiality of, and exempt from disclosure under section 552(b)(3) of title 5—
(A) a laboratory record provided the Board under paragraph (1) of this subsection that reveals medical use of a drug allowed under applicable regulations; and
(B) medical information provided by the tested officer or employee related to the test or a review of the test.
(3) The Board may use a laboratory record made available under paragraph (1) of this subsection to develop an evidentiary record in an investigation of an accident or incident if—
(A) the fitness of the tested officer or employee is at issue in the investigation; and
(B) the use of that record is necessary to develop the evidentiary record.
(f)Foreign Investigations.—
(1)In general.—Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose records or information relating to its participation in foreign aircraft accident investigations; except that—
(A) the Board shall release records pertaining to such an investigation when the country conducting the investigation issues its final report or 2 years following the date of the accident, whichever occurs first; and
(B) the Board may disclose records and information when authorized to do so by the country conducting the investigation.
(2)Safety recommendations.—Nothing in this subsection shall restrict the Board at any time from referring to foreign accident investigation information in making safety recommendations.
(g)Privacy Protections.—Before making public any still image obtained from a video recorder under subsection (c)(2) or subsection (d)(2), the Board shall take such action as appropriate to protect from public disclosure any information that readily identifies an individual, including a decedent.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 749; Pub. L. 104–291, title I, §§ 102, 103, Oct. 11, 1996, 110 Stat. 3452; Pub. L. 106–424, §§ 3(b)(2), 5(a), (b), Nov. 1, 2000, 114 Stat. 1884, 1885; Pub. L. 115–254, div. C, § 1104(a), Oct. 5, 2018, 132 Stat. 3429; Pub. L. 118–63, title XII, § 1208(a), May 16, 2024, 138 Stat. 1424.)
§ 1115. Training
(a)Definition.—In this section, “Institute” means the Transportation Safety Institute of the Department of Transportation and any successor organization of the Institute.
(b)Use of Institute Services.—The National Transportation Safety Board may use, on a reimbursable basis, the services of the Institute. The Secretary of Transportation shall make the Institute available to—
(1) the Board for safety training of employees of the Board in carrying out their duties and powers; and
(2) other safety personnel of the United States Government, State and local governments, governments of foreign countries, interstate authorities, and private organizations the Board designates in consultation with the Secretary.
(c)Fees.—
(1) Training at the Institute for safety personnel (except employees of the Government) shall be provided at a reasonable fee established periodically by the Board in consultation with the Secretary. The fee shall be paid directly to the Secretary, and the Secretary shall deposit the fee in the Treasury. The amount of the fee—
(A) shall be credited to the appropriate appropriation (subject to the requirements of any annual appropriation); and
(B) is an offset against any annual reimbursement agreement between the Board and the Secretary to cover all reasonable costs of providing training under this subsection that the Secretary incurs in operating the Institute.
(2) The Board shall maintain an annual record of offsets under paragraph (1)(B) of this subsection.
(d)Training of board employees and others.—The Board may conduct training of its employees in those subjects necessary for the proper performance of accident investigation and in those subjects furthering the personnel and workforce development needs set forth in the strategic workforce plan of the Board as required under section 1113(h). The Board may also authorize attendance at courses given under this subsection by other government personnel, personnel of foreign governments, and personnel from industry or otherwise who have a requirement for accident investigation training. The Board may require non-Board personnel to reimburse some or all of the training costs, and amounts so reimbursed shall be credited to the appropriation of the Board as offsetting collections.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 750; Pub. L. 104–291, title I, § 104, Oct. 11, 1996, 110 Stat. 3453; Pub. L. 106–424, § 3(b)(3), Nov. 1, 2000, 114 Stat. 1884; Pub. L. 118–63, title XII, § 1204(b), May 16, 2024, 138 Stat. 1423.)
§ 1116. Reports, studies, and retrospective reviews
(a)Periodic Reports.—The National Transportation Safety Board shall report periodically to Congress, departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities concerned with transportation safety, and other interested persons. The report shall—
(1) advocate meaningful responses to reduce the likelihood of transportation accidents similar to those investigated by the Board; and
(2) propose corrective action to make the transportation of individuals as safe and free from risk of injury as possible, including action to minimize personal injuries that occur in transportation accidents.
(b)Studies, Investigations, and Other Reports.—The Board also shall—
(1) carry out special studies and investigations about transportation safety, including avoiding personal injury;
(2) examine techniques and methods of accident investigation and periodically publish recommended procedures for accident investigations;
(3) prescribe requirements for persons reporting accidents and aviation incidents that—
(A) may be investigated by the Board under this chapter; or
(B) involve public aircraft (except aircraft of the armed forces and the intelligence agencies);
(4) evaluate, examine the effectiveness of, and publish the findings of the Board about the transportation safety consciousness of other departments, agencies, and instrumentalities of the Government and their effectiveness in preventing accidents; and
(5) evaluate the adequacy of safeguards and procedures for the transportation of hazardous material and the performance of other departments, agencies, and instrumentalities of the Government responsible for the safe transportation of that material.
(c)Annual Report.—The National Transportation Safety Board shall submit a report to Congress on July 1 of each year. The report shall include—
(1) a statistical and analytical summary of the transportation accident investigations conducted and reviewed by the Board during the prior calendar year;
(2) a survey and summary of the recommendations made by the Board to reduce the likelihood of recurrence of those accidents together with the observed response to each recommendation;
(3) a list of each recommendation made by the Board to the Secretary of Transportation or the Commandant of the Coast Guard that was closed in an unacceptable status in the preceding 12 months, including—
(A) any explanation the Board received from the Secretary or Commandant; and
(B) any explanation from the Board as to why the recommendation was closed in an unacceptable status, including a discussion of why alternate means, if any, taken by the Secretary or Commandant to address the Board’s recommendation were inadequate;
(4) a detailed appraisal of the accident investigation and accident prevention activities of other departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities having responsibility for those activities under a law of the United States or a State;
(5) a description of the activities and operations of the National Transportation Safety Board Training Center during the prior calendar year;
(6) a list of accidents, during the prior calendar year, that the Board was required to investigate under section 1131 but did not investigate and an explanation of why they were not investigated; and
(7) a list of ongoing investigations that have exceeded the expected time allotted for completion by Board order and an explanation for the additional time required to complete each such investigation.
(d)Retrospective Reviews.—
(1)In general.—Subject to paragraph (2), not later than June 1, 2019, and at least every 5 years thereafter, the Chairman shall complete a retrospective review of recommendations issued by the Board that are classified as open by the Board.
(2)Contents.—A review under paragraph (1) shall include—
(A) a determination of whether the recommendation should be updated, closed, or reissued in light of—
(i) changed circumstances;
(ii) more recently issued recommendations;
(iii) the availability of new technologies; or
(iv) new information making the recommendation ineffective or insufficient for achieving its objective; and
(B) a justification for each determination under subparagraph (A).
(3)Report.—Not later than 180 days after the date a review under paragraph (1) is complete, the Chairman shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
(A) the findings of the review under paragraph (1);
(B) each determination under paragraph (2)(A) and justification under paragraph (2)(B); and
(C) if applicable, a schedule for updating, closing, or reissuing a recommendation.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 751; Pub. L. 115–254, div. C, §§ 1107(a), 1111(a), Oct. 5, 2018, 132 Stat. 3432, 3436; Pub. L. 118–63, title XII, § 1209, May 16, 2024, 138 Stat. 1425.)
§ 1117. Methodology
(a)In General.—Not later than 2 years after the date of enactment of the National Transportation Safety Board Reauthorization Act, the Chairman shall include with each investigative report in which a recommendation is issued by the Board a methodology section detailing the process and information underlying the selection of each recommendation.
(b)Elements.—Except as provided in subsection (c), the methodology section under subsection (a) shall include, for each recommendation—
(1) a brief summary of the Board’s collection and analysis of the specific accident investigation information most relevant to the recommendation;
(2) a description of the Board’s use of external information, including studies, reports, and experts, other than the findings of a specific accident investigation, if any were used to inform or support the recommendation, including a brief summary of the specific safety benefits and other effects identified by each study, report, or expert; and
(3) a brief summary of any examples of actions taken by regulated entities before the publication of the safety recommendation, to the extent such actions are known to the Board, that were consistent with the recommendation.
(c)Acceptable Limitation.—If the Board knows of more than 3 examples taken by regulated entities before the publication of the safety recommendation that were consistent with the recommendation, the brief summary under subsection (b)(3) may be limited to only 3 of those examples.
(d)Exception.—Subsection (a) shall not apply if the recommendation is only for a person to disseminate information on—
(1) an existing agency best practices document; or
(2) an existing regulatory requirement.
(e)Rule of Construction.—Nothing in this section may be construed to require any change to a recommendation made by the Board before the date of enactment of the National Transportation Safety Board Reauthorization Act, unless the recommendation is a repeat recommendation issued on or after the date of enactment of such Act.
(f)Savings Clause.—Nothing in this section may be construed—
(1) to delay publication of the findings, cause, or probable cause of a Board investigation;
(2) to delay the issuance of an urgent recommendation that the Board has determined must be issued to avoid immediate loss, death, or injury; or
(3) to limit the number of examples the Board may consider before issuing a recommendation.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 751; Pub. L. 104–66, title II, § 2151, Dec. 21, 1995, 109 Stat. 731; Pub. L. 109–443, § 2(a)(1), Dec. 21, 2006, 120 Stat. 3297; Pub. L. 115–254, div. C, § 1107(b)(1), Oct. 5, 2018, 132 Stat. 3432.)
§ 1118. Authorization of appropriations
(a)In General.—
(1)Authorizations.—There is authorized to be appropriated for purposes of this chapter—
(A) $140,000,000 for fiscal year 2024;
(B) $145,000,000 for fiscal year 2025;
(C) $148,000,000 for fiscal year 2026;
(D) $151,000,000 for fiscal year 2027; and
(E) $154,000,000 for fiscal year 2028.
(2)Availability.—Amounts authorized under paragraph (1) shall remain available until expended.
(b)Emergency Fund.—The Board has an emergency fund of $2,000,000 available for necessary expenses of the Board, not otherwise provided for, for accident investigations. In addition, there are authorized to be appropriated such sums as may be necessary to increase the fund to, and maintain the fund at, a level not to exceed $4,000,000.
(c)Fees, Refunds, and Reimbursements.—
(1)In general.—The Board may impose and collect such fees, refunds, and reimbursements as it determines to be appropriate for services provided by or through the Board.
(2)Receipts credited as offsetting collections.—Notwithstanding section 3302 of title 31, any fee, refund, or reimbursement collected under this subsection—
(A) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed or with which the refund or reimbursement is associated;
(B) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed or with which the refund or reimbursement is associated; and
(C) shall remain available until expended.
(3)Refunds.—The Board may refund any fee paid by mistake or any amount paid in excess of that required.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 752; Pub. L. 103–411, § 2, Oct. 25, 1994, 108 Stat. 4236; Pub. L. 104–291, title I, § 105, Oct. 11, 1996, 110 Stat. 3453; Pub. L. 106–424, § 13, Nov. 1, 2000, 114 Stat. 1888; Pub. L. 108–168, § 2, Dec. 6, 2003, 117 Stat. 2032; Pub. L. 109–443, § 8(a), (b)(1), (c), Dec. 21, 2006, 120 Stat. 3300; Pub. L. 115–254, div. C, § 1103, Oct. 5, 2018, 132 Stat. 3429; Pub. L. 118–63, title XII, § 1202, May 16, 2024, 138 Stat. 1422.)
§ 1119. Accident and safety data classification and publication
(a)In General.—Not later than 90 days after the date of the enactment of this section, the National Transportation Safety Board shall, in consultation and coordination with the Administrator of the Federal Aviation Administration, develop a system for classifying air carrier accident data maintained by the Board.
(b)Requirements for Classification System.—
(1)In general.—The system developed under this section shall provide for the classification of accident and safety data in a manner that, in comparison to the system in effect on the date of the enactment of this section, provides for safety-related categories that provide clearer descriptions of accidents associated with air transportation, including a more refined classification of accidents which involve fatalities, injuries, or substantial damage and which are only related to the operation of an aircraft.
(2)Public comment.—In developing a system of classification under paragraph (1), the Board shall provide adequate opportunity for public review and comment.
(3)Final classification.—After providing for public review and comment, and after consulting with the Administrator, the Board shall issue final classifications. The Board shall ensure that air travel accident covered under this section is classified in accordance with the final classifications issued under this section for data for calendar year 1997, and for each subsequent calendar year.
(4)Publication.—The Board shall publish on a periodic basis accident and safety data in accordance with the final classifications issued under paragraph (3).
(5)Recommendations of the administrator.—The Administrator may, from time to time, request the Board to consider revisions (including additions to the classification system developed under this section). The Board shall respond to any request made by the Administrator under this section not later than 90 days after receiving that request.
(c)Appeals.—
(1)Notification of rights.—In any case in which an employee of the Board determines that an occurrence associated with the operation of an aircraft constitutes an accident, the employee shall notify the owner or operator of that aircraft of the right to appeal that determination to the Board.
(2)Procedure.—The Board shall establish and publish the procedures for appeals under this subsection.
(3)Limitation on applicability.—This subsection shall not apply in the case of an accident that results in a loss of life.
(Added Pub. L. 104–264, title IV, § 407(a)(1), Oct. 9, 1996, 110 Stat. 3257; amended Pub. L. 108–168, § 5, Dec. 6, 2003, 117 Stat. 2034.)