Page:United States Statutes at Large Volume 108 Part 2.djvu/39

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 755 (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. § 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.

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