[Congressional Record Volume 146, Number 121 (Tuesday, October 3, 2000)]
[Senate]
[Pages S9768-S9769]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS ACT OF 2000

  Mr. ROBERTS. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of Calendar No. 762, S. 2412.
  The PRESIDING OFFICER (Mr. Thomas). The clerk will report the bill by 
title.
  The legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCAIN. Mr. President, the full Senate will now consider S. 2412, 
the National Transportation Safety Board Amendments Act of 2000.
  The National Transportation Safety Board, NTSB, is one of our 
nation's most critical governmental agencies, charged with determining 
the probable cause of transportation accidents and promoting 
transportation safety. Among its many duties, the Board investigates 
accidents, conducts safety studies, and evaluates the effectiveness of 
other government agencies' programs for preventing transportation 
accidents. Since its inception in 1967, the NTSB has investigated more 
than 110,000 aviation accidents, at least 10,000 other accidents in the 
surface modes and issued more than 11,000 safety recommendations.
  The Safety Board is currently experiencing a high level of major 
accident investigations, many of which are extremely complex. We must 
act to ensure the Board has the necessary personnel and resources to 
complete these challenging investigations and carry out its statutory 
mission.
  Given the very limited time remaining during this Congress, the 
Commerce Committee has worked with the House Transportation and 
Infrastructure, T&I, Committee in an effort to develop legislation that 
both Chambers could accept without modification. Both of our Committees 
want to ensure the NTSB's authorizing legislation can be enacted as 
soon as possible.
  I want to commend Senator Hollings, the Ranking member of the Senate 
Commerce Committee and House T&I Chairman, Bud Shuster, and Ranking 
Member, Jim Oberstar for their assistance in developing the package I 
bring before the Senate today. The accompanying Manager's Amendment is 
the product of our joint discussions and resolves the differences in 
the House-passed and Commerce Committee-passed versions of the NTSB 
authorizing legislation.

[[Page S9769]]

  S. 2412 authorizes funding for the Board through fiscal year 2003. 
The bill also includes a number of provisions requested in the Board's 
reauthorization submission. These statutory changes include: (1) 
clarification of NTSB's jurisdiction over accidents on the territorial 
seas to the twelve-mile limit and its investigative authority over 
accidents that may have been the subject of intentional acts of 
destruction; (2) permission to prescribe overtime pay rates for 
accident investigators; (3) authority to negotiate technical service 
agreements with foreign safety agencies or foreign governments; (4) 
authority to collect reasonable fees for the reproduction and 
distribution of Board products; and (5) permission to withhold voice 
and video recorder information from public disclosure.
  In addition to the provisions requested by the Board, the legislation 
also includes a number of other provisions intended to improve fiscal 
accountability at the NTSB. For example, the legislation would 
statutorily establish a position of Chief Financial Officer, CFO, at 
the Board. The CFO would report directly to the Chairman of the Board 
on financial management matters and provide guidance on the 
implementation of asset management systems. It also directs the Board 
to develop and implement comprehensive internal audit controls for its 
financial programs to address shortcomings identified recently by the 
Department of Transportation Inspector General.
  Further, the legislation includes a provision intended to curb what I 
and others view as excessive member travel expenditures. According to 
NTSB travel documents, only 15 percent of Board Member travel has been 
accident-related in the past five years. Non-accident domestic and 
foreign travel accounts for 85 percent of the total travel 
expenditures--with 51 percent for domestic travel and 34 percent for 
foreign travel. While I recognize a legitimate need may exist to 
participate in important seminars and to gain greater professional 
expertise that may necessitate travel, this is simply excessive. 
Therefore, the bill directs the Chairman of the NTSB to establish 
annual travel budgets, to be approved by the Board, to govern Board 
Member non-accident travel.
  Finally, the bill authorizes the Department of Transportation 
Inspector General to review the business, financial, and property 
management of the NTSB. Currently, the Board has no standing Inspector 
General oversight. The bill ensures that necessary fiscal 
accountability oversight is provided, while prohibiting the Inspector 
General from becoming involved in NTSB investigations and investigation 
procedures.
  The NTSB's authorization expired September 30, 1999. The NTSB faces 
budget difficulties as it seeks to cover the costs of major accident 
investigations. Therefore, I hope we can move this legislation 
expeditiously from the Floor and on to the House for its swift action, 
and then to the President's desk for signature.


                           Amendment No. 4288

  Mr. ROBERTS. Mr. President, Senator McCain has an amendment at the 
desk and I ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.

       The Senator from Kansas [Mr. Roberts], for Mr. McCain, 
     proposes an amendment numbered 4288.

  The amendment is as follows:

   (Purpose: To make minor and technical corrections in the bill as 
                   reported, and for other purposes)

       On page 3, line 1, insert ``and technical'' after 
     ``accident-related''.
       On page 3, line 2, insert ``theory and'' after 
     ``investigation''.
       On page 3, line 5, insert ``goods,'' after ``facilities,''.
       On page 5, between lines 2 and 3, insert the following:
       ``(3) Limitation on total amount of overtime pay.--The 
     Board may not make overtime payments under paragraph (1) for 
     work performed in any fiscal year in a total amount that 
     exceeds 1.5 percent of the amount appropriated to carry out 
     this chapter for that fiscal year.''.
       On page 5, line 3, strike ``(3)'' and insert ``(4)''.
       On page 5, line 9, strike ``(4)'' and insert ``(5)''.
       On page 5, line 10, strike ``2001,'' and insert ``2002,''.
       On page 5, line 16, strike ``year.'' and insert ``year, and 
     the number of employees whose overtime pay under this 
     subsection was limited in that fiscal year as a result of the 
     15 percent limit established by paragraph (2).''.
       On page 8, line 1, strike ``1114(e)'' and insert 
     ``1114(c)''.
       On page 9, line 10, strike ``notified'' and insert 
     ``notifies''.
       On page 10, beginning in line 19, strike ``members, and 
     submit'' and insert ``members which shall be approved by the 
     Board and submitted''.
       On page 10, line 23, insert ``together with'' before 
     ``an''.
       On page 12, line 2, strike ``Board'' and insert ``Board, in 
     consultation with the Inspector General of the Department of 
     Transportation,''.
       On page 12, line 19, strike ``management and'' and insert 
     ``management, property management, and''.
       On page 14, line 1, insert ``and'' after ``2001,''.
       On page 14, beginning in line 2, strike ``and $79,000,000 
     for fiscal year 2003,''.
       On page 14, after line 10, add the following:

     SEC. 14. CREDITING OF LAW ENFORCEMENT FLIGHT TIME.

       In determining whether an individual meets the aeronautical 
     experience requirements imposed under section 44703 of title 
     49, United States Code, for an airman certificate or rating, 
     the Secretary of Transportation shall take into account any 
     time spent by that individual operating a public aircraft as 
     defined in section 40102 of title 49, United States Code, if 
     that aircraft is--
       (1) identifiable by category and class; and
       (2) used in law enforcement activities.

     SEC. 15. TECHNICAL CORRECTION.

       Section 46301(d)(2) of title 49, United States Code, is 
     amended by striking ``46302, 46303,'' and inserting 
     ``46301(b), 46302, 46303, 46318,''.

     SEC. 16. CONFIRMATION OF INTERIM FINAL RULE ISSUANCE UNDER 
                   SECTION 45301.

       The publication, by the Department of Transportation, 
     Federal Aviation Administration, in the Federal Register of 
     June 6, 2000, (65 FR 36002) of an interim final rule 
     concerning Fees for FAA Services for Certain Flights (Docket 
     No. FAA-00-7018) is deemed to have been issued in accordance 
     with the requirements of section 45301(b)(2) of title 49, 
     United States Code.

     SEC. 17. AERONAUTICAL CHARTING.

       (a) In General.--Section 44721 of title 49, United States 
     Code, is amended--
       (1) by striking paragraphs (3) and (4) of subsection (c); 
     and
       (2) by adding at the end of subsection (g)(1) the 
     following:
       ``(D) Continuation of prices.--The price of any product 
     created under subsection (d) may correspond to the price of a 
     comparable product produced by a department of the United 
     States government as that price was in effect on September 
     30, 2000, and may remain in effect until modified by 
     regulation under section 9701 of title 31, United States 
     Code.''; and
       (3) by adding at the end of subsection (g) the following:
       (5) Crediting amounts received.--Notwithstanding any other 
     provision of law, amounts received for the sale of products 
     created and services performed under this section shall be 
     fully credited to the account of the Federal Aviation 
     Administration that funded the provision of the products or 
     services and shall remain available until expended.
       (b) Effective Date.--The amendments made by subsection (a) 
     take effect on October 1, 2000.

  Mr. ROBERTS. Mr. President, I ask unanimous consent that the 
amendment be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4288) was agreed to.
  Mr. ROBERTS. Mr. President, I ask unanimous consent the bill, as 
amended, be read the third time and passed, the motion to reconsider be 
laid upon the table, and that any statements relating to the bill be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2412), as amended, was read the third time and passed.
  (The bill will be printed in a future edition of the Record.)

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