SEC. 1201. Short Title.
This title may be cited as the “National Transportation Safety Board Amendments Act of 2024”.
Title XII — National Transportation Safety Board
TITLE XII National Transportation Safety Board
SEC. 1202. Authorization of Appropriations.
Section 1118(a) of title 49, United States Code, is amended to read as follows:
“(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.”
SEC. 1203. Clarification of Treatment of Territories.
Section 1101 of title 49, United States Code, is amended to read as follows:
Ҥ 1101. Definitions
“(a) In General.—In this chapter:
“(1) Accident.—The term ‘accident’ includes damage to or destruction of vehicles in surface or air transportation or pipelines, regardless of whether the initiating event is accidental or otherwise.
“(2) State.—The term ‘State’ means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam.
“(b) Applicability of Other Definitions.—Section 2101(23) of title 46 and section 40102(a) of this title shall apply to this chapter.”
SEC. 1204. Additional Workforce Training.
Training on Emerging Transportation Technologies.— Section 1113(b)(1) of title 49, United States Code, is amended—
in subparagraph (I) by striking “ ; and” and inserting a semicolon;
in subparagraph (J) by striking the period and inserting “ ; and”; and
by adding at the end the following:
“(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.”
Additional Training Needs.— Section 1115(d) of title 49, United States Code, is amended by inserting “ 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)” after “ of accident investigation”.
SEC. 1205. Overtime Annual Report Termination.
Section 1113(g)(5) of title 49, United States Code, is repealed.
SEC. 1206. Strategic Workforce Plan.
Section 1113 of title 49, United States Code, is amended by adding at the end the following:
“(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.”
SEC. 1207. Travel Budgets.
In General.— Section 1113 of title 49, United States Code, is further amended by adding at the end the following:
“(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.”
Conforming Amendment.— Section 9 of the National Transportation Safety Board Amendments Act of 2000 (49 U.S.C. 1113 note) is repealed.
SEC. 1208. Notification Requirement.
in the subsection heading by striking “ Trade Secrets” and inserting “ Certain Confidential Information”; and
in paragraph (1)—
by striking “ The Board” and inserting “ In general.—The Board”; and
by striking “ information related to a trade secret referred to in section 1905 of title 18” and inserting “ confidential information described in section 1905 of title 18, including trade secrets,”.
Aviation Enforcement.— Section 1151 of title 49, United States Code, is amended by adding at the end the following:
“(d) Notification to Congress.—If the Board or Attorney General carry out such civil actions described in subsection (a) or (b) of this section against an airman employed at the time of the accident or incident by an air carrier operating under part 121 of title 14, Code of Federal Regulations, the Board shall immediately notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of such civil actions, including—
“(1) the labor union representing the airman involved, if applicable;
“(2) the air carrier at which the airman is employed;
“(3) the docket information of the incident or accident in which the airman was involved;
“(4) the date of such civil actions taken by the Board or Attorney General; and
“(5) a description of why such civil actions were taken by the Board or Attorney General.
“(e) Subsequent Notification to Congress.—Not later than 15 days after the notification described in subsection (d), the Board shall submit a report to or brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the status of compliance with the civil actions taken.”
SEC. 1209. Board Justification of Closed Unacceptable Recommendations.
Section 1116(c) of title 49, United States Code, is amended—
by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and
by inserting after paragraph (2) the following:
“(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;”
SEC. 1210. Miscellaneous Investigative Authorities.
Highway Investigations.— Section 1131(a)(1)(B) of title 49, United States Code, is amended by striking “ selects in cooperation with a State” and inserting “ selects, concurrent with any State investigation, in which case the Board and the relevant State agencies shall coordinate to ensure both the Board and State agencies have timely access to the information needed to conduct each such investigation, including any criminal and enforcement activities conducted by the relevant State agency”.
Rail Investigations.— Section 1131(a)(1)(C) of title 49, United States Code, is amended to read as follows:
“(C) a railroad—
“(i) accident in which there is a fatality or substantial property damage, except—
“(I) a grade crossing accident or incident, unless selected by the Board; or
“(II) an accident or incident involving a trespasser, unless selected by the Board; or
“(ii) accident or incident that involves a passenger train, except in any case in which such accident or incident resulted in no fatalities or serious injuries to the passengers or crewmembers of such train, and—
“(I) was a grade crossing accident or incident, unless selected by the Board; or
“(II) such accident or incident involved a trespasser, unless selected by the Board;”
SEC. 1211. Public Availability of Accident Reports.
Section 1131(e) of title 49, United States Code, is amended by striking “ public at reasonable cost.” and inserting the following:
“(1) in electronic form at no cost in a publicly accessible database on a website of the Board; and
“(2) if the electronic form required in paragraph (1) is not printable, in printed form upon a reasonable request at a reasonable cost.”
SEC. 1212. Ensuring Accountability for Timeliness of Reports.
Section 1131 of title 49, United States Code, is amended by adding at the end the following:
“(f) Timeliness of Reports.—If any accident report under subsection (e) is not completed within 2 years from the date of the accident, the Board 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 identifying such accident report and the reasons for which such report has not been completed. The Board shall report progress toward completion of the accident report to each such Committees every 90 days thereafter, until such time as the accident report is completed.”
SEC. 1213. Ensuring Access to Data.
Section 1134 of title 49, United States Code, is amended by adding at the end the following:
“(g) Recorders and Data.—In investigating an accident under this chapter, the Board may require from a transportation operator or equipment manufacturer or the vendors, suppliers, subsidiaries, or parent companies of such manufacturer, or operator of a product or service which is subject to an investigation by the Board—
“(1) any recorder or recorded information pertinent to the accident;
“(2) without undue delay, information the Board determines necessary to enable the Board to read and interpret any recording device or recorded information pertinent to the accident; and
“(3) design specifications or data related to the operation and performance of the equipment the Board determines necessary to enable the Board to perform independent physics-based simulations and analyses of the accident situation.”
SEC. 1214. Public Availability of Safety Recommendations.
Section 1135(c) of title 49, United States Code, is amended by striking “ public at reasonable cost.” and inserting the following:
“(1) in electronic form at no cost in a publicly accessible database on a website of the Board; and
“(2) if the electronic form required in paragraph (1) is not printable, in printed form upon a reasonable request at a reasonable cost.”
SEC. 1215. Improving Delivery of Family Assistance.
in the heading by striking “ to families of passengers involved in aircraft accidents” and inserting “ to passengers involved in aircraft accidents and families of such passengers”;
in subsection (a)—
by inserting “ within United States airspace or airspace delegated to the United States” after “ aircraft accident”;
by striking “ National Transportation Safety Board shall” and inserting “ Board shall”; and
in paragraph (2)—
by striking “ emotional care and support” and inserting “ emotional care, psychological care, and family support services”; and
by striking “ the families of passengers involved in the accident” and inserting “ passengers involved in the accident and the families of such passengers”;
in subsection (c)—
in the matter preceding paragraph (1), by striking “ the families of passengers involved in the accident” and inserting “ passengers involved in the accident and the families of such passengers”;
in paragraph (1) by striking “ mental health and counseling services” and inserting “ emotional care, psychological care, and family support services”;
in paragraph (3)—
by striking “ the families who have traveled to the location of the accident” and inserting “ passengers involved in the accident and the families of such passengers who have traveled to the location of the accident”;
by inserting “ passengers and” before “ affected families”; and
by striking “ periodically” and inserting “ regularly”; and
in paragraph (4), by inserting “ passengers and” before “ families”;
by amending subsection (d) to read as follows:
“(d) Passenger Lists.—
“(1) Requests for passenger lists by the director of family services.—
“(A) Requests by director of family support services.—It shall be the responsibility of the director of family support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the air carrier or foreign air carrier involved in the accident a passenger list, which is based on the best available information at the time of the request.
“(B) Use of information.—The director of family support services may not release to any person information on a list obtained under subparagraph (A), except that the director may, to the extent the director considers appropriate, provide information on the list about a passenger to—
“(i) the family of the passenger; or
“(ii) a local, Tribal, State, or Federal agency responsible for determining the whereabouts or welfare of a passenger.
“(C) Limitation.—A local, Tribal, State, or Federal agency may not release to any person any information obtained under subparagraph (B)(ii), except if given express authority from the director of family support services.
“(D) Rule of construction.—Nothing in subparagraph (C) shall be construed to preclude a local, Tribal, State, or Federal agency from releasing information that is lawfully obtained through other means independent of releases made by the director of family support services under subparagraph (B).
“(2) Requests for passenger lists by designated organization.—
“(A) Requests by designated organization.—The organization designated for an accident under subsection (a)(2) may request from the air carrier or foreign air carrier involved in the accident a passenger list.
“(B) Use of information.—The designated organization may not release to any person information on a passenger list but may provide information on the list about a passenger to the family of the passenger to the extent the organization considers appropriate.”
in subsection (g)(1) by striking “ the families of passengers involved in the accident” and inserting “ passengers involved in the accident and the families of such passengers”;
in subsection (g)(3)—
in the paragraph heading by striking “ prevent mental health and counseling” and inserting “ prevent certain care and support”;
by striking “ providing mental health and counseling services” and inserting “ providing emotional care, psychological care, and family support services”; and
by inserting “ passengers and” before “ families”;
in subsection (h)—
by striking “ National Transportation Safety”; and
by adding at the end the following:
“(3) Passenger list.—The term ‘passenger list’ means a list based on the best available information at the time of a request, of the name of each passenger aboard the aircraft involved in the accident.”
; and
in subsection (i) by striking “ the families of passengers involved in an aircraft accident” and inserting “ passengers involved in the aircraft accident and the families of such passengers”.
Clerical Amendment.— The analysis for chapter 11 of title 49, United States Code, is further amended by striking the item relating to section 1136 and inserting the following:
“1136. Assistance to passengers involved in aircraft accidents and families of such passengers.”.
in the heading by striking “ to families of passengers involved in rail passenger accidents” and inserting “ to passengers involved in rail passenger accidents and families of such passengers”;
in subsection (a) by striking “ National Transportation Safety Board shall” and inserting “ Board shall”;
in subsection (a)(2)—
by striking “ emotional care and support” and inserting “ emotional care, psychological care, and family support services”; and
by striking “ the families of passengers involved in the accident” and inserting “ passengers involved in the accident and the families of such passengers”;
in subsection (c)—
in the matter preceding paragraph (1) by striking “ the families of passengers involved in the accident” and inserting “ passengers involved in the accident and the families of such passengers”;
in paragraph (1) by striking “ mental health and counseling services” and inserting “ emotional care, psychological care, and family support services”;
in paragraph (3)—
by striking “ the families who have traveled to the location of the accident” and inserting “ passengers involved in the accident and the families of such passengers who have traveled to the location of the accident”; and
by inserting “ passengers and” before “ affected families”; and
in paragraph (4) by inserting “ passengers and” before “ families”;
by amending subsection (d) to read as follows:
“(d) Passenger Lists.—
“(1) Requests for passenger lists by the director of family services.—
“(A) Requests by director of family support services.—It shall be the responsibility of the director of family support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the rail passenger carrier involved in the accident a passenger list, which is based on the best available information at the time of the request.
“(B) Use of information.—The director of family support services may not release to any person information on a list obtained under subparagraph (A), except that the director may, to the extent the director considers appropriate, provide information on the list about a passenger to—
“(i) the family of the passenger; or
“(ii) a local, Tribal, State, or Federal agency responsible for determining the whereabouts or welfare of a passenger.
“(C) Limitation.—A local, Tribal, State, or Federal agency may not release to any person any information obtained under subparagraph (B)(ii), except if given express authority from the director of family support services.
“(D) Rule of construction.—Nothing in subparagraph (C) shall be construed to preclude a local, Tribal, State, or Federal agency from releasing information that is lawfully obtained through other means independent of releases made by the director of family support services under subparagraph (B).
“(2) Requests for passenger lists by designated organization.—
“(A) Requests by designated organization.—The organization designated for an accident under subsection (a)(2) may request from the rail passenger carrier involved in the accident a passenger list.
“(B) Use of information.—The designated organization may not release to any person information on a passenger list but may provide information on the list about a passenger to the family of the passenger to the extent the organization considers appropriate.”
in subsection (g)—
in paragraph (1) by striking “ the families of passengers involved in the accident” and inserting “ passengers involved in the accident and the families of such passengers”; and
in paragraph (3)—
in the paragraph heading by striking “ prevent mental health and counseling” and inserting “ prevent certain care and support”;
by striking “ providing mental health and counseling services” and inserting “ providing emotional care, psychological care, and family support services”; and
by inserting “ passengers and” before “ families”; and
in subsection (h)—
by striking “ National Transportation Safety”; and
by adding at the end the following:
“(4) Passenger list.—The term ‘passenger list’ means a list based on the best available information at the time of the request, of the name of each passenger aboard the rail passenger carrier’s train involved in the accident. A rail passenger carrier shall use reasonable efforts, with respect to its unreserved trains, and passengers not holding reservations on its other trains, to ascertain the names of passengers aboard a train involved in an accident.”
Plans To Address Needs of Families of Passengers Involved in Rail Passenger Accidents.— Section 24316(a) of title 49, United States Code, is amended by striking “ a major” and inserting “ any”.
Information for Families of Individuals Involved in Accidents.— Section 1140 of title 49, United States Code, is amended—
in the heading by striking “ for families of individuals involved in accidents” and inserting “ individuals involved in accidents and families of such individuals”; and
by striking “ the families of individuals involved in the accident” and inserting “ individuals involved in accidents and the families of such individuals”.
Clerical Amendment.— The analysis for chapter 11 of title 49, United States Code, is further amended by striking the item relating to section 1139 and inserting the following:
“1139. Assistance to passengers involved in rail passenger accidents and families of such passengers.”.
SEC. 1216. Updating Civil Penalty Authority.
in the heading by striking “ Aviation penalties” and inserting “ Penalties”; and
in subsection (a), by striking “ or section 1136(g) (related to an aircraft accident)” and inserting “ section 1136(g), or section 1139(g)”.
Clerical Amendment.— The analysis for chapter 11 of title 49, United States Code, is amended by striking the item relating to section 1155 and inserting the following:
“1155. Penalties.”.
SEC. 1217. Electronic Availability of Public Docket Records.
In General.— Not later than 24 months after the date of enactment of this Act, the National Transportation Safety Board shall make all records included in the public docket of an accident or incident investigation conducted by the Board (or the public docket of a study, report, or other product issued by the Board) electronically available in a publicly accessible database on a website of the Board, regardless of the date on which such public docket or record was created.
Database.— In carrying out subsection (a), the Board may utilize the multimodal accident database management system established pursuant to section 1108 of the FAA Reauthorization Act of 2018 (49 U.S.C. 1119 note) or such other publicly available database as the Board determines appropriate.
Briefings.— The Board shall provide the appropriate committees of Congress an annual briefing on the implementation of this section until requirements of subsection (a) are fulfilled. Such briefings shall include—
the number of public dockets that have been made electronically available pursuant to this section; and
the number of public dockets that were unable to be made electronically available, including all reasons for such inability.
Definitions.— In this section, the terms “public docket” and “record” have the same meanings given such terms in section 801.3 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act.
SEC. 1218. Drug-Free Workplace.
Not later than 12 months after the date of enactment of this Act, the National Transportation Safety Board shall implement a drug testing program applicable to Board employees, including employees in safety or security sensitive positions, in accordance with Executive Order No. 12564 (51 Fed. Reg. 32889).
SEC. 1219. Accessibility in Workplace.
In General.— Not later than 12 months after the date of enactment of this Act, the National Transportation Safety Board shall conduct an assessment of the headquarters and regional offices of the Board to determine barriers to accessibility to facilities.
Contents.— In conducting the assessment under subsection (a), the Board shall consider compliance with—
the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and the corresponding accessibility guidelines established under part 1191 of title 36, Code of Federal Regulations; and
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
SEC. 1220. Most Wanted List.
Reporting Requirements.— Section 1135 of title 49, United States Code, is amended by striking subsection (e).
Report on Most Wanted List Methodology.— Section 1106 of the FAA Reauthorization Act of 2018 (Public Law 115–254) and the item relating to such section in the table of contents under section 1(b) of such Act are repealed.
SEC. 1221. Technical Corrections.
Evaluation and Audit of National Transportation Safety Board.— Section 1138(a) of title 49, United States Code, is amended by striking “ expenditures of the National Transportation Safety” and inserting “ expenditures of the”.
Organization and Administrative.— The analysis for chapter 11 of title 49, United States Code, is further amended—
by striking the items relating to sections 117 and 1117; and
by inserting after the item relating to section 1116 the following:
“1117. Methodology.”.
Surface Transportation Board.— The analysis for subtitle II of title 49, United States Code, is amended by inserting after the item relating to chapter 11 the following:
“13. Surface Transportation Board 1301”.
SEC. 1222. Air Safety Investigators.
Removal of FAA Medical Certificate Requirement.— Not later than 60 days after the date of enactment of this Act, the Director of the Office of Personnel Management, in consultation with the Administrator and the Chairman of the National Transportation Safety Board, shall take such actions as may be necessary to revise the eligibility requirements for the Air Safety Investigating Series 1815 occupational series (and any similar occupational series relating to transportation accident investigating) to remove any requirement that an individual hold a current medical certificate issued by the Administrator.
Updates to Other Requirements.—
In general.— Not later than 2 years after the date of enactment of this Act, the Director, in coordination with the Administrator and Chairman, shall take such actions as may be necessary to update and revise experiential, educational, and other eligibility requirements for the Air Safety Investigating Series 1815 occupational series (and any similar occupational series relating to transportation accident investigating).
Considerations.— In updating the requirements under paragraph (1), the Director shall consider—
the direct relationship between any requirement and the duties expected to be performed by the position;
changes in the skills and tools necessary to perform transportation accident investigations; and
such other considerations as the Director, Administrator, or Chairman determines appropriate.
SEC. 1223. Review of National Transportation Safety Board Procurements.
Not later than 18 months after the date of enactment of this Act, the Comptroller General shall, pursuant to section 1138 of title 49, United States Code, submit to the appropriate committees of Congress a report regarding the procurement and contracting planning, practices, and policies of the National Transportation Safety Board, including such planning, practices, and policies regarding sole-source contracts.