[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2412 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2412

To amend title 49, United States Code, to authorize appropriations for 
 the National Transportation Safety Board for fiscal years 2000, 2001, 
                2002, and 2003, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 12, 2000

  Mr. McCain introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to authorize appropriations for 
 the National Transportation Safety Board for fiscal years 2000, 2001, 
                2002, and 2003, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``National 
Transportation Safety Board Amendments Act of 2000''.
    (b) References.--Except as otherwise specifically provided, 
whenever in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision of law, the 
reference shall be considered to be made to a section or other 
provision of title 49, United States Code.

SEC. 2. DEFINITIONS.

    Section 1101 is amended to read as follows:
``Sec. 1101. Definitions
    ``Section 2101(17a) of title 46 and section 40102(a) of this title 
apply to this chapter. In this chapter, 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.''.

SEC. 3. AUTHORITY TO ENTER INTO AGREEMENTS.

    (a) In General.--Section 1113(b)(1)(I) is amended to read as 
follows:
                    ``(I) negotiate and enter into agreements with 
                individuals and private entities and departments, 
                agencies, and instrumentalities of the Government, 
                State and local governments, and governments of foreign 
                countries for the provision of facilities, accident-
                related services or training in accident investigation 
                techniques, and require that such entities provide 
                appropriate consideration for the reasonable costs of 
                any facilities, services, or training provided by the 
                Board.''.
    (b) Deposit of Amounts.--
            (1) Section 1113(b)(2) is amended--
                    (A) by inserting ``as offsetting collections'' 
                after ``to be credited''; and
                    (B) by adding after ``Board.'' the following: ``The 
                Board shall maintain an annual record of collections 
                received under paragraph (1)(I) of this subsection.''.
            (2) Section 1114(a) is amended--
                    (A) by inserting ``(1)'' before ``Except''; and
                    (B) by adding at the end thereof the following:
            ``(2) The Board shall deposit in the Treasury amounts 
        received under paragraph (1) to be credited to the 
        appropriation of the Board as offsetting collections.''.
            (3) Section 1115(d) is amended by striking ``of the 
        `National Transportation Safety Board, Salaries and Expenses''' 
        and inserting ``of the Board''.

SEC. 4. OVERTIME PAY.

    Section 1113 is amended by adding at the end the following:
    ``(g) Overtime Pay.--
            ``(1) In general.--Subject to the requirements of this 
        section and notwithstanding paragraphs (1) and (2) of section 
        5542(a) of title 5, for an employee of the Board whose basic 
        pay is at a rate which equals or exceeds the minimum rate of 
        basic pay for GS-10 of the General Schedule, the Board may 
        establish an overtime hourly rate of pay for the employee with 
        respect to work performed at the scene of an accident 
        (including travel to or from the scene) and other work that is 
        critical to an accident investigation in an amount equal to one 
        and one-half times the hourly rate of basic pay of the 
        employee. All of such amount shall be considered to be premium 
        pay.
            ``(2) Limitation on overtime pay to an employee.--An 
        employee of the Board may not receive overtime pay under 
        paragraph (1), for work performed in a calendar year, in an 
        amount that exceeds 15 percent of the annual rate of basic pay 
        of the employee for such calendar year.<plus-minus>
             ``(3) Basic pay defined.--In this subsection, the term 
        `basic pay' includes any applicable locality-based 
        comparability payment under section 5304 of title 5 (or similar 
        provision of law) and any special rate of pay under section 
        5305 of title 5 (or similar provision of law).
            ``(4) Annual report.--Not later than January 31, 2001, and 
        annually thereafter, the Board shall transmit to the Senate 
        Committee on Commerce, Science and Transportation and the House 
        Transportation and Infrastructure a report identifying the 
        total amount of overtime payments made under this subsection in 
        the preceding fiscal year.''.

SEC. 5. RECORDERS.

    (a) Cockpit Video Recordings.--Section 1114(c) is amended--
            (1) by striking ``Voice'' in the subsection heading;
            (2) by striking ``cockpit voice recorder'' in paragraphs 
        (1) and (2) and inserting ``cockpit voice or video recorder''; 
        and
            (3) by inserting ``or any written depiction of visual 
        information'' after ``transcript'' in the second sentence of 
        paragraph (1).
    (b) Surface Vehicle Recordings and Transcripts.--
            (1) In general.--Section 1114 is amended--
                     (A) by redesignating subsections (d) and (e) as 
                subsections (e) and (f), respectively; and
                     (B) by inserting after subsection (e) the 
                following:
    ``(d) Surface Vehicle Recordings and Transcripts.--
            ``(1) Confidentiality of recordings.--The Board may not 
        disclose publicly any part of a surface vehicle voice or video 
        recorder recording or transcript of oral communications by or 
        among drivers, train employees, or other operating employees 
        responsible for the movement and direction of the vehicle or 
        vessel, or between such operating employees and company 
        communication centers, related to an accident investigated by 
        the Board. However, the Board shall make public any part of a 
        transcript or any written depiction of visual information that 
        the Board decides is relevant to the accident--
                    ``(A) if the Board holds a public hearing on the 
                accident, at the time of the hearing; or
                    ``(B) if the Board does not hold a public hearing, 
                at the time a majority of the other factual reports on 
                the accident are placed in the public docket.
             ``(2) References to information in making safety 
        recommendations.--This subsection does not prevent the Board 
        from referring at any time to voice or video recorder 
        information in making safety recommendations.''.
            (2) Conforming amendment.--The first sentence of section 
        1114(a) is amended by striking ``and (e)'' and inserting ``(d), 
        and (f)''.
    (c) Discovery and Use of Cockpit and Surface Vehicle Recordings and 
Transcripts.--
            (1) In general.--Section 1154 is amended--
                    (A) by striking the section heading and inserting 
                the following:
``Sec. 1154. Discovery and use of cockpit and surface vehicle 
              recordings and transcripts'';
                    (B) by striking ``cockpit voice recorder'' each 
                place it appears in subsection (a) and inserting 
                ``cockpit or surface vehicle recorder'';
                    (C) by striking ``section 1114(e)'' each place it 
                appears in subsection (a) and inserting ``section 
                1114(c) or 1114(d)''; and
                     (D) by adding at the end the following:
            ``(6) In this subsection:
                    ``(A) Recorder.--The term `recorder' means a voice 
                or video recorder.
                    ``(B) Transcript.--The term `transcript' includes 
                any written depiction of visual information obtained 
                from a video recorder.''.
            (2) Conforming amendment.--The chapter analysis for chapter 
        11 is amended by striking the item relating to section 1154 and 
        inserting the following:

    ``1154. Discovery and use of cockpit and surface vehicle recordings 
          and transcripts.''.

SEC. 6. PRIORITY OF INVESTIGATIONS.

    (a) In General.--Section 1131(a)(2) is amended--
            (1) by striking ``(2) An investigation'' and inserting
            ``(2)(A) Subject to the requirements of this paragraph, an 
        investigation''; and
            (2) by adding at the end the following:
                    ``(B) If the Attorney General, in consultation with 
                the Chairman of the Board, determines and notifies the 
                Board that circumstances reasonably indicate that the 
                accident may have been caused by an intentional 
                criminal act, the Board shall relinquish investigative 
                priority to the Federal Bureau of Investigation. The 
                relinquishment of investigative priority by the Board 
                shall not otherwise affect the authority of the Board 
                to continue its investigation under this section.
                    ``(C) If a Federal law enforcement agency suspects 
                and notified the Board that an accident being 
                investigated by the Board under subparagraph (A), (B), 
                (C), or (D) of paragraph (1) may have been caused by an 
                intentional criminal act, the Board, in consultation 
                with the law enforcement agency, shall take necessary 
                actions to ensure that evidence of the criminal act is 
                preserved.''.
    (b) Revision of 1977 Agreement.--Not later than 1 year the date of 
the enactment of this Act, the National Transportation Safety Board and 
the Federal Bureau of Investigation shall revise their 1977 agreement 
on the investigation of accidents to take into account the amendments 
made by this Act.

SEC. 7. PUBLIC AIRCRAFT INVESTIGATION CLARIFICATION.

    Section 1131(d) is amended by striking ``1134(b)(2)'' and inserting 
``1134 (a), (b), (d), and (f)''.

SEC. 8. MEMORANDUM OF UNDERSTANDING.

    Not later than 1 year after the date of the enactment of this Act, 
the National Transportation Safety Board and the United States Coast 
Guard shall revise their Memorandum of Understanding governing major 
marine accidents--
            (1) to redefine or clarify the standards used to determine 
        when the National Transportation Safety Board will lead an 
        investigation; and
            (2) to develop new standards to determine when a major 
        marine accident involves significant safety issues relating to 
        Coast Guard safety functions.

SEC. 9. TRAVEL BUDGETS.

    The Chairman of the National Transportation Safety Board shall 
establish annual fiscal year budgets for non-accident-related travel 
expenditures for Board members, and submit to the Senate Committee on 
Commerce, Science, and Transportation and to the House of 
Representatives Committee on Transportation and Infrastructure an 
annual report detailing the non-accident-related travel of each Board 
member. The report shall include separate accounting for foreign and 
domestic travel, including any personnel or other expenses associated 
with that travel.

SEC. 10. CHIEF FINANCIAL OFFICER.

    Section 1111 is amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following:
    ``(h) Chief Financial Officer.--The Chairman shall designate an 
officer or employee of the Board as the Chief Financial Officer. The 
Chief Financial Officer shall--
            ``(1) report directly to the Chairman on financial 
        management and budget execution;
            ``(2) direct, manage, and provide policy guidance and 
        oversight on financial management and property and inventory 
        control; and
            ``(3) review the fees, rents, and other charges imposed by 
        the Board for services and things of value it provides, and 
        suggest appropriate revisions to those charges to reflect costs 
        incurred by the Board in providing those services and things of 
        value.''.

SEC. 11. IMPROVED AUDIT PROCEDURES.

    The National Transportation Safety Board shall develop and 
implement comprehensive internal audit controls for its financial 
programs based on the findings and recommendations of the private 
sector audit firm contract entered into by the Board in March, 2000. 
The improved internal audit controls shall, at a minimum, address Board 
asset management systems, including systems for accounting management, 
debt collection, travel, and property and inventory management and 
control.

SEC. 12. AUTHORITY OF THE INSPECTOR GENERAL.

    (a) In General.--Subchapter III of chapter 11 of subtitle II is 
amended by adding at the end the following:
``Sec. 1137. Authority of the Inspector General
    ``(a) In General.--The Inspector General of the Department of 
Transportation, in accordance with the mission of the Inspector General 
to prevent and detect fraud and abuse, shall have authority to review 
only the financial management and business operations of the National 
Transportation Safety Board, including internal accounting and 
administrative control systems, to determine compliance with applicable 
Federal laws, rules, and regulations.
    ``(b) Duties.--In carrying out this section, the Inspector General 
shall--
            ``(1) keep the Chairman of the Board and Congress fully and 
        currently informed about problems relating to administration of 
        the internal accounting and administrative control systems of 
        the Board;
            ``(2) issue findings and recommendations for actions to 
        address such problems; and
            ``(3) report periodically to Congress on any progress made 
        in implementing actions to address such problems.
    ``(c) Access to Information.--In carrying out this section, the 
Inspector General may exercise authorities granted to the Inspector 
General under subsections (a) and (b) of section 6 of the Inspector 
General Act of 1978 (5 U.S.C. App.).
    ``(d) Reimbursement.--The Inspector General shall be reimbursed by 
the Board for the costs associated with carrying out activities under 
this section.''.
    (b) Conforming Amendment.--The subchapter analysis for such 
subchapter is amended by adding at the end the following:

    ``1137. Authority of the Inspector General.''.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    Section 1118 is amended to read as follows:
``Sec. 1118. Authorization of appropriations
    ``(a) In General.--There are authorized to be appropriated for the 
purposes of this chapter $57,000,000 for fiscal year 2000, $65,000,000 
for fiscal year 2001, $72,000,000 for fiscal year 2002, and $79,000,000 
for fiscal year 2003, such sums to remain available until expended.
    ``(b) Emergency Fund.--The Board has an emergency fund of 
$2,000,000 available for necessary expenses of the Board, not otherwise 
provided for, for accident investigations. Amounts equal to the amounts 
expended annually out of the fund are authorized to be appropriated to 
the emergency fund.''.

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