[Congressional Record Volume 146, Number 122 (Wednesday, October 4, 2000)]
[Senate]
[Pages S9865-S9866]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS ACT OF 2000

  On October 3, 2000 the Senate amended and passed S. 2412, as follows:

                                S. 2412

       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 and technical 
     services or training in accident investigation theory and 
     techniques, and require that such entities provide 
     appropriate consideration for the reasonable costs of any 
     facilities, goods, 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.
       ``(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.
       ``(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, 2002, and 
     annually thereafter, the Board shall transmit to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House Transportation and Infrastructure Committee 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 that fiscal year as a result of the 15 percent 
     limit established by paragraph (2).''.

     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(c)'' 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

[[Page S9866]]

     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 
     notifies 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 
     after 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 which shall be 
     approved by the Board and submitted to the Senate Committee 
     on Commerce, Science, and Transportation and to the House of 
     Representatives Committee on Transportation and 
     Infrastructure together with 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, in consultation 
     with the Inspector General of the Department of 
     Transportation, 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, 
     property 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, and $72,000,000 for 
     fiscal year 2002, 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.''.

     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.

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