CHAPTER 11 -- NATIONAL TRANSPORTATION SAFETY BOARD        
                                                                               
                           SUBCHAPTER I -- GENERAL                             
        Sec.                                                                   
        1101.  Definitions.                                                    
                                                                               
              SUBCHAPTER II -- ORGANIZATION AND ADMINISTRATIVE                 
                                                                               
        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 and studies.                                            
        1117.  Annual report.                                                  
        1118.  Authorization of appropriations.                                
                                                                               
                         SUBCHAPTER III -- AUTHORITY                           
                                                                               
        1131.  General authority.                                              
        1132.  Civil aircraft accident investigations.                         
        1133.  Review of other agency action.                                  
        1134.  Inspections and autopsies.                                      
        1135.  Secretary of Transportation's responses to safety               
               recommendations.                                                
                                                                               
                 SUBCHAPTER IV -- ENFORCEMENT AND PENALTIES                    
                                                                               
        1151.  Aviation enforcement.                                           
        1152.  Joinder and intervention in aviation proceedings.               
        1153.  Judicial review.                                                
        1154.  Discovery and use of cockpit voice and other material.          
        1155.  Aviation penalties.                                             
                                                                               
                           SUBCHAPTER I -- GENERAL                             
                                                                               
        Sec. 1101. Definitions                                                 
            Section 40102(a) of this title applies to this chapter.            
                                                                               
              SUBCHAPTER II -- ORGANIZATION AND ADMINISTRATIVE                 
                                                                               
      Sec. 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 2 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, supervise, and fix the pay of officers and        
      employees necessary to carry out this chapter;                           
                (2) distribute business among the officers, employees,         
      and administrative units of the Board; and                               
                (3) 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.                                                  
            (h) Seal. -- The Board shall have a seal that shall be             
      judicially recognized.                                                   
                                                                               
      Sec. 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.                         
                                                                               
      Sec. 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 subpena 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 subpena 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 subpena, 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 subpena,              
      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 subpena, 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 3709 of the             
      Revised Statutes (41 U.S.C. 5);                                          
                (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; and                   
                (I) require that the departments, agencies, and                
      instrumentalities of the Government, State and local governments,        
      and governments of foreign countries provide appropriate                 
      consideration for the reasonable costs of goods and services             
      supplied by the Board.                                                   
            (2) The Board shall deposit in the Treasury amounts                
      received under paragraph (1)(I) of this subsection to be credited        
      to the appropriation of the Board.                                       
            (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.         
            (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.                                                  
                                                                               
      Sec. 1114. Disclosure, availability, and use of information              
            (a) General. -- Except as provided in subsections (b) and          
      (c) 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.        
            (b) Trade Secrets. -- (1) The Board may disclose                   
      information related to a trade secret referred to in section 1905        
      of title 18 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.                                                     
            (c) Cockpit Voice Recordings and Transcripts. -- (1) The           
      Board may not disclose publicly any part of a cockpit voice              
      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.  However, the            
      Board shall make public any part of a transcript 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.                                
            (2) This subsection does not prevent the Board from                
      referring at any time to cockpit voice recorder information in           
      making safety recommendations.                                           
            (d) 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.                                                      
                                                                               
      Sec. 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.                               
                                                                               
      Sec. 1116.  Reports and studies                                          
            (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.                                                                
                                                                               
      Sec.  1117.  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 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; and                                                   
                (4) an evaluation conducted every 2 years of                   
      transportation safety and recommendations for legislative and            
      administrative action and change.                                        
                                                                               
      Sec. 1118.  Authorization of appropriations                              
            (a) General. -- Not more than $38,800,000 may be                   
      appropriated to the National Transportation Safety Board for the         
      fiscal year ending September 30, 1993, to carry out this chapter.        
            (b) Emergency Fund. -- The Board has an emergency fund of          
      $1,000,000 available for necessary expenses of the Board, not            
      otherwise provided for, for accident investigations.  The                
      following amounts may be appropriated to the fund:                       
                (1) $1,000,000 to establish the fund.                          
                (2) amounts equal to amounts expended annually out of          
      the fund.                                                                
            (c) Availability of Amounts. -- Amounts appropriated under         
      this section remain available until expended.                            
                                                                               
                         SUBCHAPTER III -- AUTHORITY                           
                                                                               
      Sec. 1131. General authority                                             
            (a) General. -- (1) The National Transportation Safety             
      Board shall investigate or have investigated (in detail the Board        
      prescribes) and establish the facts, circumstances, and cause or         
      probable cause of --                                                     
                (A) an aircraft accident the Board has authority to            
      investigate under section 1132 of this title;                            
                (B) a highway accident, including a railroad grade             
      crossing accident, the Board selects in cooperation with a State;        
                (C) a railroad accident in which there is a fatality or        
      substantial property damage, or that involves a passenger train;         
                (D) a pipeline accident in which there is a fatality,          
      substantial property damage, or significant injury to the                
      environment;                                                             
                (E) a major marine casualty (except a casualty                 
      involving only public vessels) occurring on the navigable waters         
      or territorial sea of the United States, or involving a vessel of        
      the United States, under regulations prescribed jointly by the           
      Board and the head of the department in which the Coast Guard is         
      operating; and                                                           
                (F) any other accident related to the transportation of        
      individuals or property when the Board decides --                        
                    (i) the accident is catastrophic;                          
                    (ii) the accident involves problems of a recurring         
      character; or                                                            
                    (iii) the investigation of the accident would carry        
      out this chapter.                                                        
            (2) An investigation by the Board under paragraph                  
      (1)(A)-(D) or (F) of this subsection has priority over any               
      investigation by another department, agency, or instrumentality          
      of the United States Government.  The Board shall provide for            
      appropriate participation by other departments, agencies, or             
      instrumentalities in the investigation.  However, those                  
      departments, agencies, or instrumentalities may not participate          
      in the decision of the Board about the probable cause of the             
      accident.                                                                
            (3) This section and sections 1113, 1116(b), 1133, and             
      1134(a) and (c)- (e) of this title do not affect the authority of        
      another department, agency, or instrumentality of the Government         
      to investigate an accident under applicable law or to obtain             
      information directly from the parties involved in, and witnesses         
      to, the accident.  The Board and other departments, agencies, and        
      instrumentalities shall ensure that appropriate information              
      developed about the accident is exchanged in a timely manner.            
            (b) Accidents Involving Public Vessels. -- (1) The Board or        
      the head of the department in which the Coast Guard is operating         
      shall investigate and establish the facts, circumstances, and            
      cause or probable cause of a marine accident involving a public          
      vessel and any other vessel.  The results of the investigation           
      shall be made available to the public.                                   
            (2) Paragraph (1) of this subsection and subsection                
      (a)(1)(E) of this section do not affect the responsibility, under        
      another law of the United States, of the head of the department          
      in which the Coast Guard is operating.                                   
            (c) Accidents Not Involving Government Misfeasance or              
      Nonfeasance. -- (1) When asked by the Board, the Secretary of            
      Transportation may --                                                    
                (A) investigate an accident described under subsection         
      (a) or (b) of this section in which misfeasance or nonfeasance by        
      the Government has not been alleged; and                                 
                (B) report the facts and circumstances of the accident         
      to the Board.                                                            
            (2) The Board shall use the report in establishing cause or        
      probable cause of an accident described under subsection (a) or          
      (b) of this section.                                                     
            (d) Accident Reports. -- The Board shall report on the             
      facts and circumstances of each accident investigated by it under        
      subsection (a) or (b) of this section.  The Board shall make each        
      report available to the public at reasonable cost.                       
                                                                               
      Sec. 1132. Civil aircraft accident investigations                        
            (a) General Authority. -- (1) The National Transportation          
      Safety Board shall investigate --                                        
                (A) each accident involving civil aircraft; and                
                (B) with the participation of appropriate military             
      authorities, each accident involving both military and civil             
      aircraft.                                                                
            (2) A person employed under section 1113(b)(1) of this             
      title that is conducting an investigation or hearing about an            
      aircraft accident has the same authority to conduct the                  
      investigation or hearing as the Board.                                   
            (b) Notification and Reporting. -- The Board shall                 
      prescribe regulations governing the notification and reporting of        
      accidents involving civil aircraft.                                      
            (c) Participation of Secretary. -- The Board shall provide         
      for the participation of the Secretary of Transportation in the          
      investigation of an aircraft accident under this chapter when            
      participation is necessary to carry out the duties and powers of         
      the Secretary.  However, the Secretary may not participate in            
      establishing probable cause.                                             
            (d) Accidents Involving Only Military Aircraft. -- If an           
      accident involves only military aircraft and a duty of the               
      Secretary is or may be involved, the military authorities shall          
      provide for the participation of the Secretary.  In any other            
      accident involving only military aircraft, the military                  
      authorities shall give the Board or Secretary information the            
      military authorities decide would contribute to the promotion of         
      air safety.                                                              
                                                                               
      Sec. 1133. Review of other agency action                                 
            The National Transportation Safety Board shall review on           
      appeal --                                                                
                (1) the denial, amendment, modification, suspension, or        
      revocation of a certificate issued by the Secretary of                   
      Transportation under section 44703, 44709, or 44710 of this              
      title;                                                                   
                (2) the revocation of a certificate of registration            
      under section 44106 of this title;                                       
                (3) a decision of the head of the department in which          
      the Coast Guard is operating on an appeal from the decision of an        
      administrative law judge denying, revoking, or suspending a              
      license, certificate, document, or register in a proceeding under        
      section 6101, 6301, or 7503, chapter 77, or section 9303 of title        
      46; and                                                                  
                (4) under section 46301(d)(5) of this title, an order          
      imposing a penalty under section 46301.                                  
                                                                               
      Sec. 1134. Inspections and autopsies                                     
            (a) Entry and Inspection. -- An officer or employee of the         
      National Transportation Safety Board --                                  
                (1) on display of appropriate credentials and written          
      notice of inspection authority, may enter property where a               
      transportation accident has occurred or wreckage from the                
      accident is located and do anything necessary to conduct an              
      investigation; and                                                       
                (2) during reasonable hours, may inspect any record,           
      process, control, or facility related to an accident                     
      investigation under this chapter.                                        
            (b) Inspection, Testing, Preservation, and Moving of               
      Aircraft and Parts. -- (1) In investigating an aircraft accident         
      under this chapter, the Board may inspect and test, to the extent        
      necessary, any civil aircraft, aircraft engine, propeller,               
      appliance, or property on an aircraft involved in an accident in         
      air commerce.                                                            
            (2) Any civil aircraft, aircraft engine, propeller,                
      appliance, or property on an aircraft involved in an accident in         
      air commerce shall be preserved, and may be moved, only as               
      provided by regulations of the Board.                                    
            (c) Avoiding Unnecessary Interference and Preserving               
      Evidence. -- In carrying out subsection (a)(1) of this section,          
      an officer or employee may examine or test any vehicle, vessel,          
      rolling stock, track, or pipeline component.  The examination or         
      test shall be conducted in a way that --                                 
                (1) does not interfere unnecessarily with                      
      transportation services provided by the owner or operator of the         
      vehicle, vessel, rolling stock, track, or pipeline component; and        
                (2) to the maximum extent feasible, preserves evidence         
      related to the accident, consistent with the needs of the                
      investigation and with the cooperation of that owner or operator.        
            (d) Exclusive Authority of Board. -- Only the Board has the        
      authority to decide on the way in which testing under this               
      section will be conducted, including decisions on the person that        
      will conduct the test, the type of test that will be conducted,          
      and any individual who will witness the test.  Those decisions           
      are committed to the discretion of the Board. The Board shall            
      make any of those decisions based on the needs of the                    
      investigation being conducted and, when applicable, subsections          
      (a), (c), and (e) of this section.                                       
            (e) Promptness of Tests and Availability of Results. -- An         
      inspection, examination, or test under subsection (a) or (c) of          
      this section shall be started and completed promptly, and the            
      results shall be made available.                                         
            (f) Autopsies. -- (1) The Board may order an autopsy to be         
      performed and have other tests made when necessary to investigate        
      an accident under this chapter.  However, local law protecting           
      religious beliefs related to autopsies shall be observed to the          
      extent consistent with the needs of the accident investigation.          
            (2) With or without reimbursement, the Board may obtain a          
      copy of an autopsy report performed by a State or local official         
      on an individual who died because of a transportation accident           
      investigated by the Board under this chapter.                            
                                                                               
      Sec. 1135. Secretary of Transportation's responses to safety             
      recommendations                                                          
            (a) General. -- When the National Transportation Safety            
      Board submits a recommendation about transportation safety to the        
      Secretary of Transportation, the Secretary shall give a formal           
      written response to each recommendation not later than 90 days           
      after receiving the recommendation.  The response shall indicate         
      whether the Secretary intends --                                         
                (1) to carry out procedures to adopt the complete              
      recommendation;                                                          
                (2) to carry out procedures to adopt a part of the             
      recommendation; or                                                       
                (3) to refuse to carry out procedures to adopt the             
      recommendation.                                                          
            (b) Timetable for Completing Procedures and Reasons for            
      Refusals. -- A response under subsection (a)(1) or (2) of this           
      section shall include a copy of a proposed timetable for                 
      completing the procedures.  A response under subsection (a)(2) of        
      this section shall detail the reasons for the refusal to carry           
      out procedures on the remainder of the recommendation.  A                
      response under subsection (a)(3) of this section shall detail the        
      reasons for the refusal to carry out procedures.                         
            (c) Public Availability. -- The Board shall make a copy of         
      each recommendation and response available to the public at              
      reasonable cost.                                                         
            (d) Reports to Congress. -- The Secretary shall submit to          
      Congress on January 1 of each year a report containing each              
      recommendation on transportation safety made by the Board to the         
      Secretary during the prior year and a copy of the Secretary's            
      response to each recommendation.                                         
                                                                               
                 SUBCHAPTER IV -- ENFORCEMENT AND PENALTIES                    
                                                                               
      Sec. 1151. Aviation enforcement                                          
            (a) Civil Actions by Board. -- The National Transportation         
      Safety Board may bring a civil action in a district court of the         
      United States against a person to enforce section 1132, 1134(b)          
      or (f)(1)(related to an aircraft accident), or 1155(a) of this           
      title or a regulation prescribed or order issued under any of            
      those sections.  An action under this subsection may be                  
      brought in the judicial district in which the person does                
      business or the violation occurred.                                      
            (b) Civil Actions by Attorney General. -- On request of the        
      Board, the Attorney General may bring a civil action in an               
      appropriate court --                                                     
                (1) to enforce section 1132, 1134(b) or (f)(1)(related         
      to an aircraft accident), or 1155(a) of this title or a                  
      regulation prescribed or order issued under any of those                 
      sections; and                                                            
                (2) to prosecute a person violating those sections or a        
      regulation prescribed or order issued under any of those                 
      sections.                                                                
            (c) Participation of Board. -- On request of the Attorney          
      General, the Board may participate in a civil action to enforce          
      section 1132, 1134(b) or (f)(1)(related to an aircraft accident),        
      or 1155(a) of this title.                                                
      Sec. 1152.  Joinder and intervention in aviation proceedings             
            A person interested in or affected by a matter under               
      consideration in a proceeding or a civil action to enforce               
      section 1132, 1134(b) or (f)(1)(related to an aircraft accident),        
      or 1155(a) of this title, or a regulation prescribed or order            
      issued under any of those sections, may be joined as a party or          
      permitted to intervene in the proceeding or civil action.                
                                                                               
      Sec. 1153. Judicial review                                               
            (a) General. -- The appropriate court of appeals of the            
      United States or the United States Court of Appeals for the              
      District of Columbia Circuit may review a final order of the             
      National Transportation Safety Board under this chapter.  A              
      person disclosing a substantial interest in the order may apply          
      for review by filing a petition not later than 60 days after the         
      order of the Board is issued.                                            
            (b) Persons Seeking Judicial Review of Aviation Matters. --        
      (1) A person disclosing a substantial interest in an order               
      related to an aviation matter issued by the Board under this             
      chapter may apply for review of the order by filing a petition           
      for review in the United States Court of Appeals for the                 
      District of Columbia Circuit or in the court of appeals of the           
      United States for the circuit in which the person resides or has         
      its principal place of business.  The petition must be filed not         
      later than 60 days after the order is issued.  The court may             
      allow the petition to be filed after the 60 days only if there           
      was a reasonable ground for not filing within that 60-day                
      period.                                                                  
            (2) When a petition is filed under paragraph (1) of this           
      subsection, the clerk of the court immediately shall send a copy         
      of the petition to the Board.  The Board shall file with the             
      court a record of the proceeding in which the order was issued.          
            (3) When the petition is sent to the Board, the court has          
      exclusive jurisdiction to affirm, amend, modify, or set aside any        
      part of the order and may order the Board to conduct further             
      proceedings.  After reasonable notice to the Board, the court may        
      grant interim relief by staying the order or taking other                
      appropriate action when cause for its action exists.  Findings of        
      fact by the Board, if supported by substantial evidence, are             
      conclusive.                                                              
            (4) In reviewing an order under this subsection, the court         
      may consider an objection to an order of the Board only if the           
      objection was made in the proceeding conducted by the Board or if        
      there was a reasonable ground for not making the objection in the        
      proceeding.                                                              
            (5) A decision by a court under this subsection may be             
      reviewed only by the Supreme Court under section 1254 of title           
      28.                                                                      
            (c) Administrator Seeking Judicial Review of Aviation              
      Matters. -- When the Administrator of the Federal Aviation               
      Administration decides that an order of the Board under section          
      44709 or 46301(d)(5) of this title will have a significant               
      adverse impact on carrying out this chapter related to an                
      aviation matter, the Administrator may obtain judicial review of         
      the order under section 46110 of this title.  The Administrator          
      shall be made a party to the judicial review proceedings.                
      Findings of fact of the Board are conclusive if supported by             
      substantial evidence.                                                    
                                                                               
      Sec. 1154.  Discovery and use of cockpit voice and other material        
            (a) Transcripts and Recordings. -- (1) Except as provided          
      by this subsection, a party in a judicial proceeding may not use         
      discovery to obtain --                                                   
                (A) any part of a cockpit voice recorder transcript            
      that the National Transportation Safety Board has not made               
      available to the public under section 1114(c) of this title; and         
                (B) a cockpit voice recorder recording.                        
            (2)(A) Except as provided in paragraph (4)(A) of this              
      subsection, a court may allow discovery by a party of a cockpit          
      voice recorder transcript if, after an in camera review of the           
      transcript, the court decides that --                                    
                (i) the part of the transcript made available to the           
      public under section 1114(c) of this title does not provide the          
      party with sufficient information for the party to receive a fair        
      trial; and                                                               
                (ii) discovery of additional parts of the transcript is        
      necessary to provide the party with sufficient information for           
      the party to receive a fair trial.                                       
            (B) A court may allow discovery, or require production for         
      an in camera review, of a cockpit voice recorder transcript that         
      the Board has not made available under section 1114(c) of this           
      title only if the cockpit voice recorder recording is not                
      available.                                                               
            (3) Except as provided in paragraph (4)(A) of this                 
      subsection, a court may allow discovery by a party of a cockpit          
      voice recorder recording if, after an in camera review of the            
      recording, the court decides that --                                     
                (A) the parts of the transcript made available to the          
      public under section 1114(c) of this title and to the party              
      through discovery under paragraph (2) of this subsection do not          
      provide the party with sufficient information for the party to           
      receive a fair trial; and                                                
                (B) discovery of the cockpit voice recorder recording          
      is necessary to provide the party with sufficient information for        
      the party to receive a fair trial.                                       
            (4)(A) When a court allows discovery in a judicial                 
      proceeding of a part of a cockpit voice recorder transcript not          
      made available to the public under section 1114(c) of this title         
      or a cockpit voice recorder recording, the court shall issue a           
      protective order --                                                      
                (i) to limit the use of the part of the transcript or          
      the recording to the judicial proceeding; and                            
                (ii) to prohibit dissemination of the part of the              
      transcript or the recording to any person that does not need             
      access to the part of the transcript or the recording for the            
      proceeding.                                                              
            (B) A court may allow a part of a cockpit voice recorder           
      transcript not made available to the public under section 1114(c)        
      of this title or a cockpit voice recorder recording to be                
      admitted into evidence in a judicial proceeding, only if the             
      court places the part of the transcript or the recording under           
      seal to prevent the use of the part of the transcript or the             
      recording for purposes other than for the proceeding.                    
            (5) This subsection does not prevent the Board from                
      referring at any time to cockpit voice recorder information in           
      making safety recommendations.                                           
            (b) Reports. -- No part of a report of the Board, related          
      to an accident or an investigation of an accident, may be                
      admitted into evidence or used in a civil action for damages             
      resulting from a matter mentioned in the report.                         
                                                                               
      Sec. 1155.  Aviation penalties                                           
            (a) Civil Penalty. -- (1) A person violating section 1132          
      or 1134(b) or (f)(1)(related to an aircraft accident) of this            
      title or a regulation prescribed or order issued under either of         
      those sections is liable to the United States Government for a           
      civil penalty of not more than $1,000.  A separate violation             
      occurs for each day a violation continues.                               
            (2) This subsection does not apply to a member of the armed        
      forces of the United States or an employee of the Department of          
      Defense subject to the Uniform Code of Military Justice when the         
      member or employee is performing official duties.  The                   
      appropriate military authorities are responsible for taking              
      necessary disciplinary action and submitting to the National             
      Transportation Safety Board a timely report on action taken.             
            (3) The Board may compromise the amount of a civil penalty         
      imposed under this subsection.                                           
            (4) The Government may deduct the amount of a civil penalty        
      imposed or compromised under this subsection from amounts it owes        
      the person liable for the penalty.                                       
            (5) A civil penalty under this subsection may be collected         
      by bringing a civil action against the person liable for the             
      penalty.  The action shall conform as nearly as practicable to a         
      civil action in admiralty.                                               
            (b) Criminal Penalty. -- A person that knowingly and               
      without authority removes, conceals, or withholds a part of a            
      civil aircraft involved in an accident, or property on the               
      aircraft at the time of the accident, shall be fined under title         
      18, imprisoned for not more than 10 years, or both.