; and (2) 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; . 1210. Miscellaneous investigative authorities (a) 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 . (b) 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