[Congressional Record Volume 145, Number 130 (Thursday, September 30, 1999)]
[House]
[Pages H9032-H9040]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS ACT OF 1999

  The SPEAKER pro tempore (Mr. Quinn). Pursuant to House Resolution 312 
and rule XVIII, the Chair declares the House in the Committee of the 
Whole House on the State of the Union for the consideration of the 
bill, H.R. 2910.

                              {time}  1123


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 2910) to amend title 49, United States Code, to authorize 
appropriations for the National Transportation Safety Board for fiscal 
years 2000, 2001, and 2002, and for other purposes, with Mr. Barrett of 
Nebraska in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered as having 
been read for the first time.
  Under the rule, the gentleman from Tennessee (Mr. Duncan) and the 
gentleman from Illinois (Mr. Lipinski) each will control 30 minutes.
  The Chair recognizes the gentleman from Tennessee (Mr. Duncan).
  Mr. DUNCAN. Mr. Chairman, I yield myself such time as I may consume.
  This bill before us today reauthorizes the National Transportation 
Safety Board, the NTSB, for 3 years. The House needs to move forward 
with this legislation because the Board's authorization expires at the 
end of this fiscal year.
  We are all familiar with the work of the Safety Board. It 
investigates all aviation accidents as well as accidents in other modes 
of transportation. The problems it uncovers and the recommendations it 
makes often lead to changes that make travel safer for us all.
  The bill before the House now would increase the authorized funding 
levels for the Safety Board. Currently, the agency is receiving $54 
million per year. This bill would increase that amount to $57 million 
in fiscal year 2000, $65 million in 2001, and $72 million in 2002. 
These are substantial increases in the second and third years, but the 
funding levels in these last 2 years are much less than the Board had 
sought. They seem to be necessary to provide the Board with the 
employees and the training to keep up with rapidly changing technology.
  Also, as the agency's budget increases, it is becoming more important 
that it be subject to the proper level of oversight. Therefore, for the 
first time this bill will give the Inspector General the authority to 
review the business and financial management of the NTSB. With this 
provision, we do not mean to imply that there is anything improper 
going on. We are merely treating the NTSB the same as other agencies 
which are subject to Inspector General review.
  There are several other provisions in this bill worth noting. The 
first makes clear that the NTSB's jurisdiction over accidents on the 
navigable waters and territorial sea of the United States extends 12 
miles from the coast. This is consistent with Presidential Proclamation 
5928 and with the Coast Guard's jurisdiction.
  The second change authorizes the NTSB to enter into agreements with 
foreign governments for the provision of technical assistance and to be 
reimbursed for those services which the NTSB provides. The NTSB 
requested that this be clarified.
  The bill would also permit the NTSB to pay time-and-a-half to its 
employees who work overtime on an accident investigation. These 
employees sometimes are called unexpectedly to work in difficult 
conditions during nights and weekends. This provision would fairly 
compensate them for that. Employees in the private sector usually 
receive time-and-a-half when they work overtime. However, I know that 
overtime provisions have been abused at other agencies. Therefore, the 
overtime provision in this bill is subject to two limitations to ensure 
that such abuse does not occur at the Safety Board, and it should be 
done in other agencies. These limitations are that an employee cannot 
get more than 15 percent of his base yearly salary in any year, and the 
NTSB cannot pay more than $570,000, or 1 percent of their authorized 
amount, per year total under this section. Moreover, overtime pay would 
be subject to an annual reporting requirement to ensure the committee's 
continued oversight of this issue. The NTSB had requested even more 
authority in the personnel area but indicated that it was the overtime 
issue addressed here that it is most interested in.
  Another important provision, Mr. Chairman, in this bill is the 
section that ensures confidentiality of video recorders on aircraft and 
of voice and video recorders on surface vehicles. The NTSB requested 
this change in case these new technologies are installed in the future. 
We take no position on whether these recorders should be installed. We 
merely want to make sure that if recorders are installed, the 
information on them is used only for safety purposes and not generally 
released for sensational purposes or to invade the privacy of the 
operators.
  The bill once again makes clear that the NTSB safety investigation 
takes priority over other investigations of the same accident. However, 
there is a carefully negotiated procedure in the bill for the NTSB to 
turn over its investigation to the FBI when the FBI notifies the Board 
that the accident may have been caused by a criminal act.
  Finally, the bill directs the FAA to install a terminal Doppler 
weather radar at the former Coast Guard station in Brooklyn, New York. 
The FAA has already decided that this is needed for the safety of all 
air travelers but we want to make sure that nothing else holds this up. 
The need for this provision arose out of our hearing on aviation and 
weather accidents in July.

                              {time}  1130

  There it was revealed that the Park Service was objecting to the 
placement of this equipment which would very much enhance safety at 
LaGuardia and Kennedy airports. The Park Service has since backed down 
from its objection, but we want to keep pressure on them to make sure 
that important safety equipment is installed as quickly as possible.
  Mr. Chairman, I believe this bill gives the NTSB the tools it will 
need to carry it into the next century. I urge the House to support 
this legislation.
  Mr. Chairman, I reserve the balance of my time.
  Mr. LIPINSKI. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I rise today in strong support of H.R. 2910, the 
National Transportation Safety Board Amendments Act of 1999. H.R. 2910 
is a bipartisan bill that reauthorizes the NTSB for 3 years so it can 
continue to play a critical role in ensuring the safety of our Nation's 
transportation system.
  The NTSB is an independent agency that investigates transportation 
accidents and promotes safety for transportation. It investigates 
accidents in all of transportation's various modes: Aviation, highway, 
transit, maritime, railroad, and pipeline and hazardous material 
transportation and makes recommendations on ways in which to improve 
safety. In the last 3 years alone, the board has investigated more

[[Page H9033]]

than 7,000 accidents and issued 57 major reports. The board has also 
issued more than 1100 safety recommendations. These recommendations, 
many of which have been adopted, have greatly increased the safety of 
each mode of transportation.
  To maintain its position as the world's preeminent investigative 
agency, it is imperative that the National Transportation Safety Board 
has the resources necessary to handle increasingly complex incident 
investigations. H.R. 2910 ensures that by increasing the National 
Transportation Safety Board's funding steadily and sensibly over the 
next 3 years, $57 million in fiscal year 2000, 65 million in fiscal 
year 2001, and 72 million in fiscal year 2002. This funding will be 
used to permit the NTSB to hire more technical experts as well as to 
provide better training for its current work force. Dramatic changes in 
technology demand such an investment.
  The bill also addresses the issues of coordination among 
investigative agencies. As we have learned from the tragic TWA 800 
crash, accident scenes can often be chaotic with many local, State, and 
Federal investigators, agencies on the scene. This is especially true 
where accidents are not only being investigated for probable cause, but 
also when criminal activity is suspected. Proper coordination among 
these various investigative agencies is extremely important.
  This bill reaffirms the National Transportation Safety Board's 
priority over an accident scene unless the attorney general, in 
consultation with the NTSB chairman, determines that the accident may 
have been caused by a criminal act. In that case the National 
Transportation Safety Board would relinquish its primary investigative 
authority over the scene.
  I strongly support H.R. 2910, and I urge my colleagues to vote in 
favor of this bill.
  Mr. Chairman, I reserve the balance of my time.
  Mr. DUNCAN. Mr. Chairman, I have no other speakers at this time, so I 
simply reserve the balance of my time.
  Mr. LIPINSKI. Mr. Chairman, I yield such time as he may consume to 
the gentleman from Minnesota (Mr. Oberstar), the ranking member of the 
full committee.
  (Mr. OBERSTAR asked and was given permission to revise and extend his 
remarks.)
  Mr. OBERSTAR. Mr. Chairman, I thank the gentleman for yielding this 
time to me.
  Mr. Chairman, the National Transportation Safety Board is the 
Nation's premier safety agency. Our highways are safer, our airways are 
safer, our railroads are safer, our maritime commerce is safer because 
of the work of the National Transportation Safety Board year in and 
year out, going back as far as 1926 when the Air Commerce Act vested in 
the Department of Commerce the authority to investigate aircraft 
accidents, an initiative, I might add, spearheaded by a leader in 
government who later was known or best known for other things that 
happened in the country. Herbert Hoover, as an Assistant Secretary of 
Commerce, championed aviation but also realized that if we did not act 
as a government to set national standards to make aviation safe and 
reliable, that there could not be commercial growth in this new mode of 
transportation. And he was the champion for aviation safety. The Nation 
owes him a debt of gratitude for that leadership.
  Since those years and on to the creation of the Department of 
Transportation in 1966, the role of overseeing safety was lodged 
largely within the various modes of transportation. In 1966, Congress 
acted to create a Department of Transportation, and I was a member of 
the staff of the chairman, the Honorable John Blatnik, who was chairman 
of the Executive Branch Reorganization subcommittee that created the 
Department of Transportation and crafted an independent safety board 
but left it within the Department.
  We realized 6 months after the Department had been created, that this 
was not going to work, that it would create the appearance of the 
Department and its several modal administrations investigating 
themselves. So we separated out from the Department of Transportation 
the Safety Board, created a National Transportation Safety Board, and 
in 1974 further strengthened that board, giving it greater 
independence.
  The true significance of this board is that its investigations are 
independent. They are conducted by a staff of highly-trained, skilled, 
gifted, talented, hard-working professionals. The findings and the 
conclusions of the board stand above reapproach. Their recommendations 
to the modal administrations are normative, not burdened by cost-
benefit analysis. Their obligation is simply to recommend as 
improvements in safety what the board in its judgment, in the judgment 
of its professional staff and its board members, believe to be in the 
highest best interests of safety. It is then up to the rulemaking 
process of the modal administration to sort out the costs and the 
benefits, and that is why the board stands in such high regard 
throughout all modes of transportation within the United States, with 
the traveling public and with other countries.
  Since its establishment in 1966, the board has investigated over 
100,000 aviation accidents and 10,000 surface transportation accidents 
and hundreds more railroad and maritime issues. The work of this board 
deserves the support that we give it in this legislation with 
additional funding, with increased staffing, with authority to pay 
overtime, with support in the legislation to strengthen the agreement 
between NTSB and the Inspector General of the Department of 
Transportation. Yes, even the NTSB needs oversight of its financial 
management and business operations and long ago concluded an agreement 
with the I.G. to undertake such activity. The authority we provide in 
this legislation will ensure that the money we invest in the board is 
well spent and that potential for fraud and abuse is reduced or 
eliminated.
  Mr. Chairman, there are a number of other items that I would like to 
address, and in order to save time I ask unanimous consent to revise 
and extend. I would like to concentrate on just one issue and that is 
Coast Guard safety functions.
  On May 1, an amphibious vessel sank in Arkansas killing 13 people. 
The Coast Guard had just inspected the vessel, had ordered the owner to 
install bilge alarms, but it failed to ensure that the vessel owner had 
indeed complied with the Coast Guard order. Despite this apparent 
conflict of interest, the Coast Guard led the investigation of that 
accident. Under no circumstances should the Coast Guard or any Federal 
Government agency unilaterally decide when it has a conflict of 
interest and when it should investigate its own decision and its own 
actions. We do not allow this in aviation; we do not allow it in any 
other mode of transportation; and we should not allow it here.
  I am concerned about the process of the Coast Guard in conducting 
accident investigations. The NTSB has told us that when the Coast Guard 
convenes a formal board of investigation, it is very difficult for the 
board to obtain information that the board can verify as accurate. The 
open nature of the formal Coast Guard board can also affect witness 
testimony or recollection of events because such proceedings allow 
witnesses to hear each others' testimony.
  After discussing these concerns with Admiral Loy, the Commandant of 
the U.S. Coast Guard, we reached an understanding these issues could be 
addressed administratively without specific legislative change. 
Language included in the committee report to accompany H.R. 2910 is 
intended to provide guidance for both the Coast Guard and the NTSB to 
address these concerns. In short, we mean for them to get together and 
resolve the issue of primacy in an investigation and timing. If that 
issue is not resolved between the two, I assure both parties this 
committee will come back and address it legislatively.
  All in all this is an excellent piece of legislation, it moves the 
cause of safety significantly ahead; it strengthens the role of the 
NTSB. I commend the gentleman from Tennessee (Mr. Duncan) for the 
extensive work that he has contributed to the formulation of this bill 
and to the ranking member, the gentleman from Illinois (Mr. Lipinski) 
for the diligent effort that he has invested in the formulation of the 
legislation.
  Mr. Chairman, I rise in strong support of H.R. 2910, the National 
Transportation Safety

[[Page H9034]]

Board Amendments Act of 1999. H.R. 2910 reauthorizes the NTSB for three 
years so it can continue to play a critical role in ensuring the safety 
of the United States transportation system.
  This agency's roots stem as far back as 1926 when the Air Commerce 
Act vested the Department of Commerce with the authority to 
investigative aircraft accidents. During the 1966 consolidation of 
various transportation agencies into the Department of Transportation 
(DOT), the NTSB was created as an independent agency within DOT to 
investigate accidents in all transportation modes. In 1974, in further 
resolve to ensure that NTSB retain its independence, Congress 
reestablished the Board as a totally separate entity distinct from DOT. 
Since that time, the NTSB has investigated more than 100,000 aviation 
accidents, and more than 10,000 surface transportation accidents. The 
American travelling public is much safer today due to the hard work of 
the NTSB staff in conducting investigations and pursuing safety 
recommendations.
  In the last three years alone, the Board has investigated more than 
7,000 accidents and issued 57 major reports covering all transportation 
modes (aviation, highway, transit, maritime, railroad, and pipeline/
hazardous materials). The Board has also issued more than 1,100 safety 
recommendations--many of which have been adopted by Congress, federal, 
state and local governments, and the affected industries.
  The NTSB's tireless efforts in investigating accidents and issuing 
recommendations have led to innovative safety enhancements, such as 
manual cutoff switches for airbags, to measures to prevent runway 
incursions, to countermeasures against operator fatigue in all modes of 
transportation. In addition, the NTSB has promoted the installation of 
more sophisticated voice recorders to enhance its ability to 
investigate aircraft accidents.
  Despite a small workforce of approximately 370 full-time employees, 
the NTSB has provided its investigative expertise in thousands of 
complex aviation accidents--including its painstaking review of the TWA 
800 crash. The NTSB is also frequently called upon to assist in 
aviation accident investigations in foreign countries. The demand upon 
this small agency, with its highly trained, professional staff, will 
only grow with the aviation market's ever-increasing globalization. In 
addition, according to a preliminary analysis by the RAND Corporation, 
new technological advances in all modes of transportation--from glass 
cockpits in aviation to sophisticated electronic alerting devices in 
the railroad industry--will require more extensive training for NTSB 
investigators.
  To maintain its position as the world's preeminent investigative 
agency, it is imperative that the NTSB has the resources necessary to 
handle the increasingly complex accident investigations. H.R. 2910 
ensures that by increasing NTSB's funding steadily and sensibly over 
the next three years: $57 million in FY 2000; $65 million in FY 2001; 
and $72 million in FY 2002. This funding will be used to permit NTSB to 
hire more technical experts as well as to provide better training for 
its current workforce. Dramatic changes in technology demand such an 
investment.
  However, with this increase in funding also comes the requirement to 
strengthen the oversight of financial matters at the agency. H.R. 2910 
vests the DOT's Inspector General with the authority to review the 
financial management and business operations of the NTSB. This will 
help ensure that money is well spent and the potential for fraud and 
abuse is reduced. The DOT Inspector General's authority is specifically 
limited to financial matters, however, so as not to undermine the 
NTSB's independence.
  Equally important, H.R. 2910 provides the NTSB with the authority to 
grant appropriate overtime pay to all of its accident investigators 
while on-scene. These competent individuals are oftentimes called upon 
to work upwards of 60, 70 or 80 hours per week in extreme conditions--
whether in the swamps of the Florida everglades or the chilly waters 
off the Atlantic ocean--side-by-side with other federal agency 
investigators--many of whom are paid for extra hours worked. Moving to 
this type of parity is the least that we can do to show our 
appreciation for the efforts of these dedicated professionals.
  As we have learned from the tragic TWA 800 crash, accident scenes can 
often be chaotic with many local, state, and federal investigative 
agencies on scene. This is especially true where accidents are not only 
being investigated for probable cause--but also when criminal activity 
is suspected. Proper coordination between these various investigative 
agencies performing very important, albeit very different, functions is 
of paramount importance. H.R. 2910 reaffirms NTSB's priority over an 
accident scene unless the Attorney General, in consultation with the 
NTSB chairman, determines that the accident may have been caused by an 
intentional criminal act. In that case, the NTSB would relinquish its 
priority over the scene--but such relinquishment will not, in any way, 
interfere with the Board's authority to continue its probable cause 
investigation.
  One issue of concern to me is the NTSB's ability to investigate major 
marine casualties. Currently, both the NTSB and the Coast Guard have 
joint authority to conduct investigations of major marine casualties. I 
have two concerns about the current process. First, under the existing 
regulations and the Memorandum of Understanding, the Coast Guard must 
agree to allow the NTSB to have the lead in casualties that involve 
significant safety issues relating to Coast Guard safety functions.
  On May 1, an amphibious vessel sank in Arkansas killing 13 people. 
Although the Coast Guard had just inspected the vessel and ordered the 
owner to install bilge alarms, it failed to ensure that the vessel 
owner complied with its order. Despite this apparent conflict of 
interest, the Coast Guard led the investigation. Under no circumstances 
should the Coast Guard be able to unilaterally decide when it has a 
conflict of interest. We do not allow this in aviation or any other 
transportation safety investigation and should not allow it here.
  Second, I am concerned about the Coast Guard's process in conducting 
accident investigations. According to the NTSB, once the Coast Guard 
convenes a formal board of investigation, it is very difficult to 
obtain information that you can be sure is accurate. The open nature of 
the formal board can affect witness testimony or recollection of events 
because such proceedings allow for witnesses to hear each other's 
testimony.
  After discussing these concerns with Admiral Loy, the Commandant of 
the Coast Guard, it was agreed that both of these issues could be 
addressed administratively without a specific legislative change. 
Language included in the Committee Report to H.R. 2910 is intended to 
provide guidance to both Coast Guard and the NTSB to address these 
concerns.
  Having a well funded, well-trained NTSB workforce to meet the 
challenges of the 21st Century is of the utmost importance for the 
American travelling public. I urge my colleagues to support this 
critical piece of legislation, and I compliment Chairman Shuster, 
Chairman Duncan and Ranking Member Lipinski for their efforts.
  Mr. LIPINSKI. Mr. Chairman I yield 5 minutes to the gentlewoman from 
Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the ranking member 
and the chairman for listening to the concerns that I have with respect 
to a series of incidences that have occurred actually in my district.
  First of all, I want to associate myself with the supporters of this 
legislation. As I listened to the remarks of the gentleman from 
Minnesota (Mr. Oberstar), I am reminded of when the tragedies of any 
kind of transportation incident or accident occurs, you sort of look to 
the NTSB, the board, to come in like the Red Cross or those angels of 
assistance to clarify what happened and particularly if there is loss 
of life, and we always hear the news as they come in and there is a 
sigh of relief from the respective communities because, as my 
colleagues know, this group of experts will be assisting in determining 
the true facts of what occurred.
  I would almost hope that I did not have to rise today, Mr. Chairman, 
but it has been enormously difficult for my community. I represent an 
urban community with a number of interstate routes that go throughout 
it, and particularly in my minority community.
  I was to offer, or was intending to offer, an amendment today that 
would have asked that we look at or should include the National 
Transportation Safety Board's recommendation that I understand they had 
offered regarding recording devices in trucks.

                              {time}  1145

  That kind of device, similar to a black box in airplanes, could 
provide a tamper-proof mechanism that could be used or can be used for 
accident investigation and to enforce the hours of service regulation.
  Mr. Chairman, I would like to speak to the issue of the accident 
aspect of that technology and would hope that maybe if it is not today, 
since I hope to be working with the members of this committee, that 
maybe we can look at the motor carrier bill and be able to include 
language on this particular issue.
  Mr. Chairman, let me share with you a headline. ``Jurors left in 
tears at wreck trial. Widow describes freeway horror,'' in my district. 
``In tearful, highly charged testimony, a woman told Tuesday of the 
horror of seeing

[[Page H9035]]

her husband and three children die after a truck crushed their sport 
utility vehicle on a Houston freeway ramp.''
  Mr. Chairman, it was a family made in heaven, if you will. Having 
picked up her husband from the airport, probably hearing the 
discussions of his travel, happily going home, and a truck turns a 
curve on an interstate freeway, falls over, the woman is expelled from 
the truck, and she has to watch her three young babies and her husband 
burn to death.
  ``Trucks-cars prove to be a deadly mix on freeways.'' Another one 
that happened on Interstate 45. A tanker truck veered into oncoming 
traffic and drivers across the city shuddered as a tragedy resulted in 
that accident as well.
  I have had about 10 of these back to back during the summer. ``Tanker 
rig flips, trucker perishes in fiery crash.'' This was an overpass 
that, in addition to the tragic loss of the trucker, as a witness said, 
``All I saw was the cab of the truck bounce and the whole thing rolled 
over.'' An eyewitness said the truck flipped and then burst into flames 
almost instantly. It is not only the terrible loss of the trucker's 
life, but the shutdown of that freeway for many, many, many months, 
thereby denying access of transportation to many of my constituents and 
the citizens of Houston.
  Tanker truck firm sued in crash that killed infant and father, whose 
5 year old son died in collision. It talks about the negligence. The 
collision killed 9-month-old Lisa Patrice Pete and half brother Jerry 
Andrew Morino.
  I can only say, Mr. Chairman, that I think as we all acknowledge the 
importance of the National Transportation Safety Board and the 
importance, if you will, of its work in these amendments, I would hope 
that we also will look to some of the recommendations that they have 
made with respect to the technology of a recording device. It is 
important that we note whether or not in determining the accident as 
well, whether or not a trucker has been driving too long, whether or 
not there has been any falsification of records. I am going off on 
other issues that may have an impact on tragic accidents like this.
  But the one thing I can tell you is when these trucks go through 
crowded urban areas, when they are going through cities, and I realize 
they have deadlines and responsibilities, Mr. Chairman, I would simply 
say to you that we must look to the protection of those residents that 
live in that area.
  I hope this language that I would have offered could be language that 
we could consider. I understand it was a recommendation by the board. I 
would inquire of the gentleman from Illinois (Mr. Lipinski) about the 
opportunity to work with him to protect our communities.
  Mr. Chairman, I rise to discuss my proposed amendment to H.R. 2910. 
Nearly 5,000 people are killed in truck related accidents in each of 
the past three years on our nation's highways. There are many agencies 
within our government that have a shared responsibility for safety on 
our nation's highways, including the Transportation Department, the 
NTSB and the Federal Highway Administration. But despite much talk and 
discussion, several hearings, and meetings over improving trucking 
safety we have had little action aimed at improving safety.
  What we do have is accident after accident involving truck drivers 
who are too tired and even drunk. A total of 5,374 people died in 
accidents involving large trucks which represents 13 percent of all the 
traffic fatalities in 1998 and in addition 127,000 were injured in 
those crashes.
  In Houston, Texas, a man (Kurt Groten) 38 years old and his three 
children David, 5, Madeline, 3, and Adam, 1, were killed in a horrific 
accident when a 18-wheel truck crashed into their vehicle. His wife was 
the only survivor of the crash, testified in criminal proceedings 
against the driver last week stating ``I saw that there was a whole 18-
wheeler on top of our car. . . . I remember standing there and 
screaming, `My life is over! All of my children are dead!' ''
  In Galveston, a 5-year-old boy (Jerry Moreno and his 9-month old 
sister, (Lisa) were killed in an accident when the vehicle driven by 
their father was struck by an oncoming truck.
  These are only a few examples of the thousand of terrible and fatal 
trucking accidents that are caused every year on our nation's roads and 
highways.
  My amendment/resolution would require that data recorders similar to 
the black boxes found on airliners be carried in trucks. The NTSB has 
pushed for this technology as a means of verifying the hours drivers 
work since 1990. Currently truck drivers must comply with the federal 
government's 60-year-old rule that they take eight hours of rest for 
every 10 behind the wheel.
  Truckers are required to maintain logbooks for their hours of 
service. But truckers have routinely falsified records, and many 
industry observers say, to the point that they are often referred to as 
``comic books.'' In their 1995 findings the National Transportation 
Safety Board found driver fatigue and lack of sleep were factors in up 
to 30 percent of truck crashes that resulted in fatalities. In 1992 
report the NTSB reported that an astonishing 19 percent of truck 
drivers surveyed said they had fallen asleep at the wheel while 
driving. Recorders on trucks can provide a tamper-proof mechanism that 
can be used for accident investigation and to enforce the hours-of-
service regulations, rather that relying on the driver's handwritten 
logs.
  Mr. Chairman, I know that the trucking industry is concerned by the 
added cost of the recorders. I also appreciate the fact that close to 
eighty percent of this country's goods move by truck and that the 
industry has a major impact on our economy. But can we afford to put 
pocket before safety? Ask your selves where we would be without 
recorders in commercial aviation, rail, or the marine industry? I think 
that I have a good idea what the answer is, we would not know what 
caused that accident nor would we be able to learn from our mistakes.
  Mr. Chairman, there is no good reason that we should not adhere the 
advice of the NTSB and require these recorders on the trucks that 
navigate our highways. Putting our pockets before safety is simply 
foolish when the technology exits today which could save the lives of 
the constituents we represent.
  Mr. Chairman, let us vote today to put action behind our discussion.

             [From the Houston Chronicle, March, 18, 1999]

           Trucks, Cars, Prove To Be a Deadly Mix on Freeways

       Big truck, little cars, nowhere to go.
       It happened again Tuesday when three people died on 
     Interstate 45-North. A tanker truck veered into oncoming 
     traffic and drivers across the city shuddered.
       Some were upset because of the mix of trucks and cars on 
     area roadways. Others were mad because the stretch of freeway 
     where the accident happened is notorious for crashes.
       The collision is the latest in a string of well-publicized 
     accidents involving trucks, such as the Feb. 12 Gulf Freeway 
     crash that killed four.
       Large trucks drive less than 5 percent of the vehicle-miles 
     on Harris County roadways, according to the Houston-Galveston 
     Area Council.
       At fault or not, they are involved in 9 percent of the 
     fatal collisions, according to the Texas Department of Public 
     Safety statistics for 1995-97.
       By comparison, passenger cars drive 70 percent of local 
     miles traveled but were involved in only 63 percent of fatal 
     collisions.
       Several experts said that every accident is unique in terms 
     of who deserves the blame. Cars have many more accidents per 
     mile driven than trucks, but trucks cause more deaths when 
     they do crash, because of their size and weight.
       While the crash victims Tuesday couldn't escape the out-of-
     control truck, the experts said one thing often found in car-
     truck accidents is lack of understanding by car drivers of 
     how much space a truck needs.
       ``The commercial driver is a trained driver. The person in 
     a passenger car may know how his car handles, but he has no 
     idea how a truck handles,'' said Pasadena police Sgt. Loni 
     Robinson, who runs the city's truck inspection program.
       An 18-wheeler cannot see tailgating drivers. At 55 mph, a 
     fully loaded truck needs the length of a football field to 
     make an emergency stop--twice as long as a passenger car 
     going the same speed.
       In Houston, when a responsible truck driver tries to leave 
     extra room in front of his rig, several cars likely will zip 
     in front of him and close up the space.
       Even the best trucker will be forced to give up and drive 
     too closely to a vehicle ahead, said B.L. Manry, safety 
     director at Palletized Trucking of Houston and a national 
     board member of the American Trucking Association's Safety 
     Management Council.
       Manry stressed that he is not an industry apologist. 
     ``Let's face it, there's a lot of outlaws out there,'' he 
     said.
                                  ____


              [From the Houston Chronicle, Sept. 29, 1999]

   Jurors Left in Tears at Wrecktrial/Widow Describes Freeway Horror

                           (By Steve Brewer)

       In tearful, highly charged testimony, a woman told Tuesday 
     of the horror of seeing her husband and three children die 
     after a truck crushed their sport utility vehicle on a 
     Houston freeway ramp.
       ``I saw that there was a whole 18-wheeler on top of our car 
     . . . I remember standing there and screaming `My life is 
     over! All of

[[Page H9036]]

     my children are dead!' '' Lisa Groten told jurors.
       By the time the window finished testifying, many in the 
     packed courtroom were sobbing. Tears welled in the eyes of at 
     least two jurors.
       Hers was the first testimony in the trial of Jose Coronado 
     Martinez, 35, who is charged with four counts of intoxicated 
     manslaughter in the deaths of Kurt David Groten, 38, and his 
     children, David, 6, Madeleine, 4, and 11-month-old Adam.
       If convicted, Martinez, a native of El Salvador, could get 
     four consecutive 20-year sentences.
       Lisa Groten has just picked her husband up at Hobby Airport 
     the night of June 29, and had brought their children along, 
     clad in their pajamas.
       ``I remember thinking, `It's a pretty night out and there's 
     no need to hurry home. We'll put the kids to bed when we get 
     home,' '' she testified.
       Kurt Groten had been in Austin on a business trip. Lisa, 
     after a busy day of swimming lessons reading and playing with 
     the children, put them in the family's Ford Expedition to 
     pick him up because they all wanted to see him so badly.
       The couple married in 1987 and their first two children 
     were the result of vitro fertilization and artificial 
     insemination. Adam was conceived naturally.
       Prosecutor Warren Diepraam said in his opening remarks that 
     Kurt Groten had offered to take a taxi home that night, but 
     his wife and the kids decided to pick him up instead.
       The children had eaten at their favorite restaurant and 
     were ready for bed when their father got behind the wheel at 
     Hobby. Things got quiet after talk of the trip died down and 
     Lisa Groten said she was looking forward to a quiet evening.
       As they headed up an entrance ramp to U.S. 59, Lisa Groten 
     looked at her husband.
       ``He had both hands on the wheel and I was watching his 
     face,'' she said, ``We were talking and I saw something 
     through the windshield and I didn't know what it was . . . I 
     felt the impact. It was like a crushing impact. I believe 
     Kurt cried out. I remember saying, `Kurt, we need to pray.' 
     ''
       The impact was Martinez's truck falling into their Ford 
     Expedition. Testimony later showed Martinez has swerved into 
     Groten's lane, then swerved back into his own, causing the 
     rig's load of office supplies to shift and tipping it over.
       Breath tests later showed that Martinez, who was not hurt, 
     had a blood-alcohol level of 0.12 exceeding the then-legal 
     limit of 0.10.
       Lisa Groten remembers saying again and again that the 
     family must pray. Because her section of the Expedition was 
     not completely crushed, Houston police Sgt. John Norwood was 
     able to help her get out.
       But her husband was hopelessly pinned. Lisa said she looked 
     at the back of the car, but couldn't see her children, only 
     the crumpled roof.
       As the vehicle started to catch fire, she went back to the 
     vehicle to be with her injured husband. She held his hand 
     while be begged Norwood and others to rescue his children.
       ``He just kept saying, `Jesus, please take me to heaven. 
     Jesus, please take me to heaven,' '' Lisa Groten said.
       She was finally pulled away as the flames, fueled by the 
     office supplies, kicked up and the smoke got dense. She said 
     she didn't want to leave because her place was with her 
     husband.
       ``It was so surreal. It shouldn't happen to anybody,'' she 
     said. ``I just kept thinking my husband and all my children 
     died, just so fast like that,'' she testified. ``It was just 
     beyond my comprehension. It still is.''
       Despite the efforts of the police, tow truck drivers, 
     passers-by, firefighters, and paramedics, Kurt Groten and the 
     children couldn't be extracted from the burning vehicle in 
     time.
       Diepraam told jurors that Kurt Groten had died of smoke 
     inhalation.
       Postal worker Walter Wilson, who saw the accident and 
     stopped to help, wept as he told jurors of hearing the 
     children's cries and Kurt Groten's pleas for help.
       ``He was telling me to get his kids out,'' Wilson said.
       But an explosion of flames stopped all those efforts, he 
     said, and the children were quiet after a few seconds.
       Testimony continues today in state District Judge Ted Poe's 
     court. In opening arguments, Martinez's attorney, Jon A. 
     Jaworski, said the crash was just a tragic accident and that 
     police botched the investigation.
                                  ____


              [From the Houston Chronicle, Sept. 27, 1999]

 Trial Begins for Driver in Fiery Crash/Lawyer, 3 Children Died in 18-
                            Wheeler Accident

                           (By Steve Brewer)

       Jury selection starts today in the trial of an accused 
     drunken driver whose 18-wheeler killed a Houston lawyer and 
     his three small children on June 29 when it crushed their 
     sport utility vehicle.
       Testimony in the case of Jose Coronado Martinez, 35, could 
     start by Tuesday in state District Judge Ted Poe's court. 
     Prosecutors are seeking a maximum of 80 years in prison for 
     the native of El Salvador.
       Both sides are expected to give jurors vastly different 
     views of the fiery crash that shattered a local family in 
     what has shaped up to be a complex, high-profile case.
       Defense attorney Jon A. Jaworski said he will prove the 
     tragedy was an unfortunate accident, that police botched the 
     investigation and that his client is a scapegoat in a 
     political game of revenge to get even with truckers who are 
     often involved in freeway accidents.
       Prosecutor Warren Diepraam scoffed at that and said he's 
     sure jurors will find Martinez guilty of the four charges of 
     intoxicated manslaughter that he faces.
       ``Their case is still, `I'm the victim and I didn't do 
     anything wrong.' We'll give him a chance to put up or shut 
     up,'' Diepraam said. ``I think the evidence is going to show 
     to a rational jury who the real person at fault is and who 
     the real victim is. It ain't Jose Martinez.''
       Martinez's truck, which was carrying a load of office 
     supplies, crushed the Ford Expedition carrying the Groten 
     family on an entrance ramp to U.S. 59.
       Killed were Kurt David Groten, 38, and his children, David, 
     5, Madeleine, 3, and Adam, 1.
       Kurt Groten's wife, Lisa Kay Groten, 36, was the only 
     survivor. Diepraam said she will testify in the trial.
       Lisa Groten had picked her husband up at Hobby Airport, and 
     the family was en route home on the Gulf Freeway when the 
     fatal crash occurred.
       Police said Martinez's truck and the Grotens' vehicle were 
     side-by-side on the ramp.
       Martinez was going too fast, lost control and his rig hit a 
     guardrail, causing it to lift, police have said. As his tires 
     came down, Martinez swerved and Kurt Groten honked at him.
       But the swerve apparently caused Martinez's load to shift, 
     making his truck tilt, all but crushing the Expedition, 
     police said. Passers-by tried in vain to fight the ensuing 
     blaze and pull the family from the burning wreckage.
       Diepraam said Kurt Groten was yelling for them to save his 
     children and that Martinez staggered from his truck and was 
     arrested after an officer smelled alcohol on him.
       Two breath tests conducted later showed that Martinez's 
     blood-alcohol level was 0.11 and 0.12 percent. At the time, a 
     driver was considered legally drunk in Texas at 0.10.
       The law has since changed and the standard is now 0.08. But 
     in this case, the old mark will be used.
       Jaworski said the official version of events has been 
     obscured and that his client has been unfairly demonized.
       ``I think this is basically a case where they want to make 
     an example of truck drivers that are causing accidents,'' 
     Jaworski said. ``This accident could have happened to anyone, 
     whether there was alcohol involved or not . . . 
     Unfortunately, the Grotens were just in the wrong place at 
     the wrong time.''
       Jaworski said his client was not speeding and that he was 
     cut off by an unidentified driver who fled the scene. He said 
     Martinez told that to a witness at the scene minutes after 
     the accident.
       Also, the machine used to conduct the breath tests was not 
     working properly, Jaworski said, and police lied about 
     Martinez's conduct after the crash.
       Houston police also didn't follow proper procedure by not 
     getting a blood sample from the defendant, said Jaworski, who 
     acknowledged that his client had a ``couple of beers'' 
     earlier that day.
       Jaworski said Martinez tried to help the family, but was 
     told to stay back by officers at the scene.
       Martinez's truck and the trailer he was pulling was also in 
     bad mechanical condition, Jaworski said. The trailer was 
     loaded improperly and needed repair, and so did Martinez's 
     rig.
       Jaworski said he will rely on expert testimony to show the 
     bad condition of the truck and he added that Martinez himself 
     might even take the stand.
       In addition to Groten's testimony and accounts from 
     officers at the scene and others, Diepraam could also rely on 
     expert testimony.
       As for Jaworski's claims that the police lied or didn't 
     follow proper procedure in the case, Diepraam said: ``We'll 
     have evidence to show that everything was working just fine, 
     that there were no problems with the police investigation, 
     the Intoxilyzer or the police officers, and that the only 
     person who has a motive to lie is the defendant.''
       Diepraam also said he believes that any problems with the 
     truck don't matter.
       ``If the truck was in perfect condition or wasn't working 
     at all, he's the driver and he's responsible,'' Diepraam 
     said. ``That's what common sense says and that's what the law 
     says.''
       If he's convicted, Martinez could get two to 20 years in 
     prison and a $10,000 fine for each charge. Because of the 
     nature of the charges, Poe could make the terms run 
     consecutively, in which case Martinez could be looking at a 
     maximum total of 80 years in prison.
       Diepraam has already filed a motion asking Poe to ``stack'' 
     the sentences if Martinez is convicted.
       If the jury makes an additional finding that Martinez's 
     truck was used as a deadly weapon then that means he will 
     have to serve half of the combined terms before being 
     eligible for parole. For example, if he gets 80 years then it 
     will be 40 years before he's eligible for parole.
       That's the equivalent of a life sentence in a capital 
     murder case.

  Mr. LIPINSKI. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I would first of all like to hear from the gentleman 
from Tennessee (Mr. Duncan), the chairman

[[Page H9037]]

 of the Subcommittee on Aviation, in regard to this matter.
  Mr. DUNCAN. Mr. Chairman, will the gentleman yield?
  Mr. LIPINSKI. I yield to the gentleman from Tennessee.
  Mr. DUNCAN. Mr. Chairman, I thank the gentleman for yielding.
  Mr. Chairman, we have had a discussion with the gentlewoman from 
Texas (Ms. Jackson-Lee) about her concerns. I want to assure the 
gentlewoman that from our side that we certainly will work with her in 
every way possible, because all of us, I think on both sides of this 
House, want to do everything possible to improve truck safety, and 
especially in regard to trucks that are moving through heavily 
populated urban areas. So certainly we will try to do everything we 
can.
  Mr. LIPINSKI. Mr. Chairman, reclaiming my time, I want to echo the 
statement of the chairman of the Subcommittee on Aviation, the 
gentleman from Tennessee (Chairman Duncan). I too will work and our 
staff will work very closely with the gentlewoman to see if we cannot 
work something out that is beneficial in the next bill we are going to 
be dealing with in regards to the Committee on Transportation and 
Infrastructure.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, if the gentleman will yield 
further, I am most grateful. I thank the chairman and the gentleman 
from Illinois, and my community thanks you very much.
  Mr. LIPINSKI. Mr. Chairman, I yield back the balance of my time.
  Mr. DUNCAN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I have no further requests for time. Let me just say I 
understand the gentleman from New York (Mr. Weiner) is going to offer 
an amendment, and we are going to agree to this amendment concerning 
the installation of a doppler weather radar system in Brooklyn, New 
York. This provision was placed in this legislation because there was a 
dispute between the FAA and the Department of Interior, the Park 
Service, on the installation of this system.
  We have been told that the Park Service and the FAA have now reached 
an agreement to go ahead and install this system. The staff had 
included this in the legislation just because of some uncertainty 
regarding a pending Federal lawsuit on this issue.
  I will simply say this: we feel it is the intent of the Congress that 
this system should be installed there, and we will remove this 
provision at this time, reserving the right to revisit this issue if 
necessary in a conference with the Senate or at some later point if for 
some reason this agreement is not carried out.
  With that said, Mr. Chairman, that we will agree to that change, we 
do have a good bill, a necessary bill, and I urge the support of the 
entire body for this reauthorization of the National Transportation 
Safety Board.
  Mr. TRAFICANT. Mr. Chairman, I rise in strong support of H.R. 2910, 
the National Transportation Safety Board Amendments Act of 1999. I want 
to commend Aviation Subcommittee Chairman Duncan and Ranking Member 
Lipinski for the excellent work they have done in crafting this 
excellent piece of legislation. Having spent the better part of a year 
working with the National Transportation Safety Board on my own review 
of the TWA Flight 800 tragedy, I am familiar with the challenges facing 
the board.
  H.R. 2910 includes a number of important provisions that will improve 
the NTSB's ability to deal with major airline accidents and work more 
efficiently with federal law enforcement agencies. The bill also 
clarifies that the board has the authority to enter into agreements 
with foreign governments to provide technical assistance and other 
services. I am also pleased that the committee report to accompany this 
legislation includes language making recommendations on how the NTSB 
can better improve coordination and cooperation with other parties in a 
major airline investigation.
  I helped craft this language and hope to continue working with the 
NTSB to ensure that it has the resources it needs to do its job, and 
that it makes the best possible use of the specialized expertise that 
exists at companies like Boeing and Pratt Witney. I would also like to 
thank the former chairman of the committee, Congressman Norm Mineta, 
for his assistance in this area. The commission that he chaired made a 
number of recommendations on how to improve the party system. The 
report language echoes the findings of the Mineta Commission.
  Mr. Chairman, as I have several times in the past, I want to salute 
the dedicated professionals at the NTSB. Day in and day out, year after 
year, these remarkable public servants work long hours under trying 
conditions. Often their work is frustrating and extremely stressful. 
But because of their professionalism, commitment and talent, thousands 
of lives have been saved. For example, even though the Board has yet to 
determine the cause of the Flight 800 crash, the work that Board 
investigators have done on that accident investigation has forced the 
FAA and airline industry to make substantive changes, especially in the 
area of aircraft wiring and aircraft wiring inspection. These changes 
will make our skies safer.
  Every American who flies owes the NTSB a debt of gratitude. I, for 
one, deeply appreciate the excellent work they have done and continue 
to do.
  I urge approval of the bill.
  Mr. DUNCAN. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the committee amendment in the nature of a 
substitute printed in the bill, modified by the amendment printed in 
House Report 106-347 shall be considered by section as an original bill 
for the purpose of amendment, and each section is considered read.
  During consideration of the bill for amendment, the Chair may accord 
priority in recognition to a Member offering an amendment that he has 
printed in the designated place in the Congressional Record. Those 
amendments will be considered read.
  The Chairman of the Committee of the Whole may postpone a request for 
a recorded vote on any amendment and may reduce to a minimum of 5 
minutes the time for voting on any postponed question that immediately 
follows another vote, provided that the time for voting on the first 
question shall be a minimum of 15 minutes.
  The Clerk will designate section 1.
  The text of section 1 is as follows:

       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 1999''.
       (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.

  The CHAIRMAN. Are there any amendments to section 1?
  If not, the Clerk will designate section 2.
  The text of section 2 is as follows:

     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.''.

  The CHAIRMAN. Are there any amendments to section 2?
  If not, the Clerk will designate section 3.
  The text of section 3 is as follows:

     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 private 
     entities and departments, agencies, and instrumentalities of 
     the Government, State and local governments, and governments 
     of foreign countries for the provision of technical services 
     or training in accident investigation theory and technique, 
     and require that such entities provide appropriate 
     consideration for the reasonable costs of any goods, 
     services, or training provided by the Board.''.
       (b) Deposit of Amounts.--Section 1114(a) is amended--
       (1) by inserting ``(1)'' before ``Except''; and
       (2) by adding at the end the following:
       ``(2) The Board shall deposit in the Treasury amounts 
     received under paragraph (1). Such amounts shall be available 
     to the Board as provided in appropriations Acts.''.

  The CHAIRMAN. Are there any amendments to section 3?
  If not, the Clerk will designate section 4.
  The text of section 4 is as follows:

     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,

[[Page H9038]]

     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.
       ``(3) Limitation on total amount of overtime pay.--The 
     Board may not make overtime payments under paragraph (1), for 
     work performed in a calendar year, in a total amount that 
     exceeds $570,000.
       ``(4) 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).
       ``(5) Annual report.--Not later than January 31, 2001, and 
     annually thereafter, the Board shall transmit to Congress a 
     report identifying the total amount of overtime payments made 
     under this subsection in the preceding fiscal year and the 
     number of employees whose overtime pay under this subsection 
     was limited in such fiscal year as a result of the 15 percent 
     limit established by paragraph (2).''.

  The CHAIRMAN. Are there any amendments to section 4?
  Mr. DUNCAN. Mr. Chairman, I ask unanimous consent that the remainder 
of the committee amendment in the nature of a substitute be printed in 
the Record, and open to amendment at any point.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Tennessee?
  There was no objection.
  The text of the remainder of the committee amendment in the nature of 
a substitute is as follows:

     SEC. 5. RECORDERS.

       (a) Cockpit Video Recordings.--Section 1114(c) is amended--
       (1) in the subsection heading by striking ``Voice'';
       (2) in paragraphs (1) and (2) by striking ``cockpit voice 
     recorder'' and inserting ``cockpit voice or video recorder''; 
     and
       (3) in the second sentence of paragraph (1) by inserting 
     ``or any written depiction of visual information'' after 
     ``transcript''.
       (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 (c) 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) in the section heading by striking ``cockpit voice and 
     other material'' and inserting ``cockpit and surface vehicle 
     recordings and transcripts'';
       (B) in subsection (a)--
       (i) by striking ``cockpit voice recorder'' each place it 
     appears and inserting ``cockpit or surface vehicle 
     recorder'';
       (ii) by striking ``section 1114(c)'' each place it appears 
     and inserting ``section 1114(c) or 1114(d)''; and
       (iii) by adding at the end the following:
       ``(6) In this subsection--
       ``(A) the term `recorder' means a voice or video recorder; 
     and
       ``(B) the term `transcript' includes any written depiction 
     of visual information obtained from a video recorder.''.
       (2) Conforming amendment.--The table of sections 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.''.
       (d) Requirements for Installation and Use of Recording 
     Devices.--Section 329 is amended by adding at the end the 
     following:
       ``(e) Requirements for Installation and Use of Recording 
     Devices.--A requirement for the installation and use of an 
     automatic voice, video, or data recording device on an 
     aircraft, vessel, or surface vehicle shall not be construed 
     to be the collection of information for the purpose of any 
     Federal law or regulation, if the requirement--
       ``(1) meets a safety need for the automatic recording of 
     realtime voice or data experience that is restricted to a 
     fixed period of the most recent operation of the aircraft, 
     vessel, or surface vehicle;
       ``(2) does not place a periodic reporting burden on any 
     person; and
       ``(3) does not necessitate the collection and preservation 
     of data separate from the device.''.

     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 law enforcement agency suspects and notifies the 
     Board that an accident being investigated by the Board under 
     paragraph (1)(A)-(D) 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 
     after the date of 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. 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 table of sections for such 
     subchapter is amended by adding at the end the following:

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

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       Section 1118(a) is amended to read as follows:
       ``(a) In General.--There is authorized to be appropriated 
     for the purposes of this chapter $57,000,000 for fiscal year 
     2000, $65,000,000 for fiscal year 2001, and $72,000,000 for 
     fiscal year 2002. Such sums remain available until 
     expended.''.

     SEC. 10. TERMINAL DOPPLER WEATHER RADAR.

       If the Administrator of the Federal Aviation Administration 
     determines that it would enhance aviation safety, the 
     Administrator shall install a Terminal Doppler Weather Radar 
     at the site of the former United States Coast Guard Air 
     Station Brooklyn at Floyd Bennett Field in King's County, New 
     York.


                    Amendment offered by Mr. Weiner

  Mr. WEINER. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Weiner:
       Strike section 10 of the bill, relating to terminal doppler 
     weather radar.

  Mr. WEINER. Mr. Chairman, I first want to thank the chairman of the 
Subcommittee on Aviation and ranking member for the fine work that they 
have done on this bill. This is a piece of legislation that doubtlessly 
will not earn front page notice in our newspapers around the country, 
but the fine work that has been done by the subcommittee in ensuring 
the safety of

[[Page H9039]]

travelers around the country should not go unnoticed, and this bill is 
indeed worthy of the full House's support.
  Mr. Chairman, I will not take my full time. I just want to thank the 
chairman for his previous statement and for his understanding of the 
situation. This is an instance where the drafting of the bill had been 
overtaken by events on what is admittedly a controversial issue.
  I agree 100 percent that there should be a terminal doppler radar 
installed to serve the New York City area, the Kennedy and LaGuardia 
Airports. That is something that I think my constituents and all New 
Yorkers and travelers around the world support. I am hopeful and 
confident that the way has been cleared for a way to install that 
doppler radar in a quick and expeditious fashion.
  My amendment simply strikes the section of the bill that predates an 
agreement that was entered into between Interior and the FAA that was 
mediated by the Council on Environmental Quality.
  Again, I want to thank very much the chairman of the subcommittee and 
the ranking member for their understanding in this matter.
  Mr. DUNCAN. Mr. Chairman, I rise in support of the amendment.
  Mr. Chairman, as I stated earlier, we feel this system should be 
installed to enhance the safety of the traveling public, particularly 
into Kennedy and LaGuardia Airports. We agree to this amendment.
  Mr. LIPINSKI. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I want to simply state that from our side of the aisle, 
we also agree that we will accept this amendment. I spoke to the 
gentleman from Tennessee (Chairman Duncan) about this amendment. I 
appreciate very much his cooperation in removing this language from the 
bill by accepting the amendment.
  I want to say also, as the gentleman from Tennessee (Chairman Duncan) 
mentioned, and I concur with him, in the event that everything does not 
develop the way we anticipate it developing pertaining to this doppler 
weather system, we do reserve the right to revisit this issue when we 
get to conference or some other time before the bill actually comes 
back to be passed into law.
  Based upon my observance over here, I do not think we have any 
further amendments coming forth, and I think we are very close to 
passing this bill. So in getting to that point, I want to say that it 
is always a pleasure working with the gentleman from Tennessee 
(Chairman Duncan). He and I get along very well together. He is very 
cooperative.
  I appreciate also the cooperation of the gentleman from Pennsylvania 
(Chairman Shuster), the ranking member, the gentleman from Minnesota 
(Mr. Oberstar), and, once again, the staff of the Subcommittee on 
Aviation, I believe, has done an outstanding job; and I want to express 
my personal appreciation to each one of them for everything that they 
have done.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from New York (Mr. Weiner).
  The amendment was agreed to.
  The CHAIRMAN. Are there further amendments?
  If not, the question is on the committee amendment in the nature a 
substitute, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The CHAIRMAN. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Rogan) having resumed the chair, Mr. Barrett of Nebraska, Chairman of 
the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 
2910) to amend title 49, United States Code, to authorize 
appropriations for the National Transportation Safety Board for fiscal 
years 2000, 2001, and 2002, and for other purposes, pursuant to House 
Resolution 312, he reported the bill back to the House with an 
amendment adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on the amendment to committee amendment 
in the nature of a substitute adopted in the Committee of the Whole? If 
not, the question is on the committee amendment in the nature of a 
substitute.
  The amendment in the nature of a substitute was agreed to.
  The SPEAKER pro tempore. The question is on engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. DUNCAN. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  The vote was taken by electronic device, and there were--yeas 420, 
nays 4, not voting 9, as follows:

                             [Roll No. 462]

                               YEAS--420

     Abercrombie
     Ackerman
     Aderholt
     Allen
     Andrews
     Archer
     Armey
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bass
     Bateman
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Bliley
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Brown (OH)
     Bryant
     Burr
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cannon
     Capps
     Capuano
     Cardin
     Carson
     Castle
     Chabot
     Chambliss
     Clay
     Clayton
     Clement
     Clyburn
     Coble
     Collins
     Combest
     Condit
     Conyers
     Cook
     Cooksey
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crowley
     Cubin
     Cummings
     Cunningham
     Danner
     Davis (FL)
     Davis (IL)
     Davis (VA)
     Deal
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Ewing
     Farr
     Fattah
     Filner
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Fowler
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gejdenson
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goode
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Granger
     Green (TX)
     Green (WI)
     Greenwood
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill (IN)
     Hill (MT)
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Horn
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Inslee
     Isakson
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     John
     Johnson (CT)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kingston
     Kleczka
     Klink
     Knollenberg
     Kolbe
     Kucinich
     Kuykendall
     LaFalce
     LaHood
     Lampson
     Lantos
     Largent
     Larson
     Latham
     LaTourette
     Lazio
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntosh
     McIntyre
     McKeon
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Menendez
     Metcalf
     Mica
     Millender-McDonald
     Miller (FL)
     Miller, Gary
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Ose
     Owens
     Oxley
     Packard
     Pallone
     Pascrell
     Pastor
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pickett
     Pitts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Reyes
     Reynolds

[[Page H9040]]


     Riley
     Rivers
     Rodriguez
     Roemer
     Rogan
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Royce
     Rush
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salmon
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Schaffer
     Schakowsky
     Scott
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shows
     Shuster
     Simpson
     Sisisky
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Spence
     Spratt
     Stabenow
     Stark
     Stearns
     Stenholm
     Strickland
     Stump
     Stupak
     Sununu
     Sweeney
     Talent
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tierney
     Toomey
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Vento
     Visclosky
     Vitter
     Walden
     Walsh
     Wamp
     Waters
     Watkins
     Watt (NC)
     Watts (OK)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Weygand
     Whitfield
     Wicker
     Wilson
     Wolf
     Woolsey
     Wynn
     Young (AK)
     Young (FL)

                                NAYS--4

     Chenoweth
     Coburn
     Paul
     Sanford

                             NOT VOTING--9

     Becerra
     Boyd
     Burton
     Hooley
     Jefferson
     Meeks (NY)
     Scarborough
     Wise
     Wu

                              {time}  1223

  Mr. GREEN of Texas and Mr. STEARNS changed their vote from ``nay'' to 
``yea''.
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________