[Congressional Record Volume 146, Number 130 (Tuesday, October 17, 2000)]
[House]
[Pages H9993-H9997]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS ACT OF 2000
Mr. SHUSTER. Mr. Speaker, I move to suspend the rules and pass the
Senate 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.
The Clerk read 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
[[Page H9994]]
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 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
[[Page H9995]]
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Shuster) and the gentleman from Mississippi (Mr.
Shows) each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania (Mr. Shuster).
Mr. SHUSTER. Madam Speaker, I yield myself such time as I may consume
and I simply want to summarize by saying that while NTSB is a small
agency, it is a highly respected agency for the quality of its accident
investigations. It has also taken on the responsibility for assisting
families of airline accident victims, a responsibility that we assigned
to them in 1996.
The authorization for the agency expired last year, and this bill
before us now will rectify that problem.
The reauthorization bill before you now adopts several changes to the
Board's underlying statute. These changes should improve the operations
of the NTSB. Many of these changes were requested by the agency itself.
The bill authorizes an increase in funding for the agency; not as
much as the agency wanted, but still enough to ensure the Board's
efficiency and technical competence.
The bill also--
Allows accident investigators out in the field to get full time-and-
a-half overtime when they have to work nights and weekends trying to
discover the cause of a crash;
Ensures that voice and video recorders in planes, trains, and trucks
will only be used in accident investigations and will not be released
to the media for sensational purposes;
Makes clear that NTSB accident investigations take priority over
other investigations except in very limited cases where procedures are
established for the FBI to take over; and
For the first time, the DOT Inspector General is given responsibility
to review the financial and property management of the NTSB to ensure
there is no waste, fraud, or abuse.
This is a Senate bill but it is very similar to the NTSB
reauthorization bill that the House passed last year.
That bill is more fully described in House Report 106-335.
I urge the House to approve this bill.
Madam Speaker, I yield such time as he may consume to the gentleman
from Tennessee (Mr. Duncan), the distinguished chairman of the
subcommittee who has been so deeply involved in moving this legislation
forward.
Mr. DUNCAN. Madam Speaker, I thank the gentleman from Pennsylvania,
our very distinguished chairman, for yielding me this time. First of
all, I want to start out by saying that being allowed to be chairman of
the House Subcommittee on Aviation has really been the highlight of my
congressional career; and that would not have been possible without the
support of the chairman, the gentleman from Pennsylvania (Mr. Shuster).
I am very proud to have served with a man of his character. He has
served with great honor and distinction in this House, and I appreciate
very much his support for me in this position.
Madam Speaker, this bill is very similar to a bill, H.R. 2910, that
passed the House by a vote of 420 to 4 on September 30 of last year.
This bill reauthorizes the National Transportation Safety Board for 3
years and provides funding of $57 million, $65 million, and $72 million
over those 3 years.
The safety board is the agency responsible for investigating
transportation accidents and promoting transportation safety. The board
investigates accidents, conducts safety studies, and coordinates all
Federal assistance for families of victims of catastrophic
transportation accidents. It also reviews appeals of certificate and
civil penalty actions against airmen and certificate actions against
seamen. Most importantly, the NTSB makes safety recommendations.
Based on its investigations, Federal, State, and local government
agencies and the transportation industry take actions that will prevent
similar accidents in the future. The aviation safety record is
remarkably good, and the safety board deserves a lot of the credit for
that.
Nonaviation people are amazed when I speak to them and tell them
that, unfortunately, we have more people killed in 4\1/2\ months on the
Nation's highways than have been killed in all U.S. aviation accidents
combined since the Wright Brothers' flight in 1903. Much of that great
aviation safety record has been aided by the work of the NTSB.
This legislation makes some changes to the agency's governing statute
that should help make the board even more effective. I will list those
changes in the statement that I will provide for the Record.
The bill also includes several technical changes that were not in
either the House or Senate bills. These changes would ensure that the
FAA can assess penalties against unruly passengers or passengers who
tamper with laboratory smoke detectors. It would ensure that the FAA
can issue its overflight fee rule as an interim final rule, and ensures
that the FAA can keep the money it makes from the sale of aeronautical
charts.
I would also like to make special mention of the provision in the
bill on law enforcement flight time. Currently, pilots who fly for
police or for sheriff departments cannot count their flight time toward
the requirements of a civil air license. This bill would change that.
It would direct the FAA to count the time a pilot flies a law
enforcement aircraft. This is similar to consideration given to
military pilots. I know it will be very helpful to the sheriff
departments in Tennessee, but it will also benefit our hardworking law
enforcement pilots all over the country.
Madam Speaker, the NTSB has conducted a lengthy and thorough
investigation of the TWA 800 crash. I personally do not believe that
Chairman Hall, or any of the many good people at the NTSB, would be a
party to any type of cover-up about this or any other crash, but I have
a few comments that I would like to make about that.
I also recognize that there are many good, sincere, honest,
intelligent people across this country who do not agree with or believe
the NTSB conclusions about the TWA 800 crash. I want to assure everyone
that neither I nor any member of our subcommittee or staff would ever
have participated in or aided in any knowing way in any type of cover-
up.
{time} 1600
In addition to our public hearings, I personally went to New York
with staff to view that wreckage. We had private briefings by the FBI
and others. I met with some of the eyewitnesses and people
investigating this wreck. I met with Commander Donaldson after one of
our hearings.
The gentleman from Ohio (Mr. Traficant) called one day and asked if
he could conduct his own personal investigation. I gave him my approval
for that.
I asked one of my constituents, Mike Coffield, the Continental
Airlines pilot, to investigate this crash. We heard from family members
of victims of this terrible tragedy.
Reed Irvine, a man for whom I have very great respect, recently came
to my office at my request so that we could discuss this further
because of ads and other activities by him and his group.
I doubt that we will ever be able to answer all the questions
surrounding this crash to everyone's satisfaction. I personally find it
almost impossible to believe that a U.S. Navy ship shot a missile that
hit this plane either accidentally or intentionally.
I know very little about ships and missiles, but I do not believe
that just one person could shoot off one without someone knowing about
it. If several people were involved, someone would have talked to his
wife or somebody, in my opinion.
I told Mr. Irvine this, if some terrorist group shot this plane down,
they probably would have claimed credit. Yet I am still willing to read
any report or listen to anyone about this.
[[Page H9996]]
Our government should not have stopped (Mr. Sanders) or anyone else
from investigating this crash. If anyone can come up with the final,
definite, conclusive answer on this, more power to them.
I am most concerned, however, about the family members of the victims
of this crash. I believe closure is an overused, misused word because I
do not believe a family member ever gets closure on something like
this, particularly if they lost a child. But I certainly do not want to
do anything to prolong the agony of any TWA 800 family member. They
have suffered too much already.
I will say that, if any family member of victims of this crash wants
me to look into this further, I certainly will do so. Absent that type
of request, I will simply commend all those at the NTSB and all those
private citizens, Mr. Irvine, Commander Donaldson, the many
eyewitnesses and many, many others who have tried so hard to seek the
causes of and/or solve the puzzle or answer the questions raised by the
crash of TWA 800.
I also would like to commend Mr. Jim Hall, who I think has done an
outstanding job as chairman of the NTSB during his tenure on that
board.
Finally, Mr. Speaker, I would like to say that I am completing 6
years as chairman of the Subcommittee on Aviation. I have already
thanked the gentleman from Pennsylvania (Chairman Shuster), who is the
man mainly responsible for my having been allowed to be chairman. But I
would also like to say that it has been a great honor and privilege to
work with the gentleman from Minnesota (Mr. Oberstar), who preceded me
as chairman of the Subcommittee on Aviation.
I do not believe a person could have had a better ranking member than
the gentleman from Illinois (Mr. Lipinski). Our working relationship
has been 100 percent friendly and cordial. I am proud that the
Committee on Transportation and Infrastructure is considered to be
probably the most bipartisan committee or nonpartisan committee in this
entire Congress.
I want, finally, to say a personal thank you to a wonderful staff:
David Schaffer of the Republican staff, who has been head of that staff
for so many years and is such a professional person and on whom I have
relied so much, Adam Tsao, Jim Coon, Donna McLean, Ron Chamberlin,
David Balloff, John Glaser, Felicia Goss, Diane Rogers, and Amanda Wind
on our staff; and on the Democratic staff: Stacie Soumbeniotis, Tricia
Loveland, Amy Denicore, Paul Feldman, David Traynham, Mary Walsh,
Colleen Corr, Rachel Carr, and Michelle Mihin. All of them have been so
helpful and I am very, very grateful to them.
I apologize for taking so much time. I urge passage of this bill.
The bill reauthorizes the agency for 3 years and provides modest
increases in its authorized funding levels;
It makes clear that the NTSB has priority over other agencies in the
investigation of transportation accidents;
However, the legislation does provide a procedure whereby the Safety
Board would turn an investigation over to the FBI when a criminal act
may be involved;
The bill allows the Safety Board to enter into agreements with
foreign governments, after consultation with the Department of State;
The bill also provides overtime pay to NTSB investigators who have to
work at the scene of an accident during nights and weekends.
However, this overtime is capped at one and a half percent of the
agency's appropriation to ensure that overtime is not abused.
Also, the bill ensures that information on surface vehicle recorders
and cockpit video recorders will not be disclosed. This is the same
protection now provided for cockpit voice recordings. At our
Subcommittee hearing last April, airline pilots expressed concern about
the public release of cockpit video recordings for purely
sensationalistic purposes. This bill protects them from that.
Another important provision in this bill is the section that provides
authority to the Department of Transportation's Inspector General to
oversee the business and financial management of the Board. Indeed,
there are several provisions in this bill that ensure continued sound
financial management at the Safety Board. These include restrictions on
non-emergency travel and the implementation of internal audit controls.
Mr. SHOWS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of S. 2412, the National
Transportation Safety Board Amendments Act of 2000.
S. 2412 reauthorizes the NTSB for 3 years so it can continue in
playing a critical role in ensuring the safety of the United States
transportation system.
Since 1997, the board has investigated more than 7,000 accidents,
issued over 60 major reports covering all transportation modes
(aviation, highway, transit, maritime, railroad, and pipeline/hazardous
materials), and proffered more than 1,100 safety recommendations.
The NTSB currently has a workforce of approximately 400 full-time
employees, many of whom are charged with investigating thousands of
complex aviation accidents both in the U.S. and abroad. It is,
therefore, important to ensure that the NTSB has the funds needed to
continue its preeminent role in investigating such accidents.
Accordingly, S. 2412 increases NTSB's funding steadily over the next
3 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.
In addition to increased funding, S. 2412 strengthens oversight of
financial matters at the agency by requiring NTSB to hire a chief
financial officer and improving its internal audit procedures. S. 2412
also vests the DOT Inspector General with the authority to review the
NTSB's financial management and business operations. The DOT Inspector
General's authority is specifically limited to financial matters,
however, so as not to undermine the NTSB's independence.
Equally important, S. 2412 provides the NTSB with the authority to
grant appropriate overtime pay to all of its accident investigators
while on an accident scene to give these professionals parity with
other Federal agency investigators who are paid for extra hours worked.
S. 2412 also 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 would not in any way interfere with
the board's authority to continue its probable cause investigation.
This is important because accident scenes can often be chaotic with
many local, State, and Federal investigative agencies on scene,
especially where accidents are not only being investigated for probable
cause, but also when criminal activity is suspected.
S. 2412 ensures that the proper coordination between various
investigative agencies will take place during a complex accident
investigation.
S. 2412 will ensure that the NTSB workforce is well funded and well
trained to meet its future challenges.
I urge my colleagues to support this critical piece of legislation.
I compliment the gentleman from Pennsylvania (Chairman Shuster), the
gentleman from Tennessee (Chairman Duncan) and the gentleman from
Minnesota (Mr. Oberstar) and the gentleman from Illinois (Mr. Lipinski)
for their efforts.
Mr. OBERSTAR. Mr. Speaker, I rise in strong support of S. 2412, the
National Transportation Safety Board Amendments Act of 2000. S. 2412
reauthorizes the National Transportation Safety Board (NTSB) for three
years to ensure that it continues to play a critical role in
maintaining and improving the safety of the United States
transportation system.
This agency's roots stem from as far back as 1926 when the Air
Commerce Act vested the Department of Commerce with the authority to
investigate 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 re-
established 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 traveling 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 more than 60 major reports covering all
transportation modes (aviation, highway, transit, maritime, railroad,
and pipeline/hazardous
[[Page H9997]]
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, measures to prevent runway
incursions, and countermeasures against operator fatigue in all modes
of transportation. The NTSB has promoted the installation of more
sophisticated voice recorders to enhance its ability to investigate
aircraft accidents. In addition, the NTSB recently held a General
Aviation Accident Prevention Symposium, which brought together all
sectors of the growing general aviation community to proactively
address safety issues gleaned from GA accident investigations. In 1999
alone, there were 691 aviation-related fatalities--628 of which
occurred in general aviation. Last night's news of the tragic crash
that took the life of Missouri Governor Mel Carnahan, his son, and a
campaign aide underscores the importance of the NTSB's work, both in
investigating and preventing accidents.
Despite a small workforce of approximately 400 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 of foreign flag carriers--such as
Egypt Air Flight 990, and in accident investigations in foreign
countries. The demands upon this small agency, with its highly trained,
professional staff, will only grow with the aviation market's ever-
increasing globalization.
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. S. 2412
ensures that NTSB has the necessary resources by increasing funding
steadily and sensibly over the next three years: $57 million in FY
2000; $65 million in FY2001; and $72 million in FY2002. This funding
will be used to permit NTSB to hire more technical experts as well as
to provide better training for its current workforce, as was
recommended in a recent study by the RAND Corporation. Dramatic changes
in technology, such as glass cockpits in aviation, demand such an
investment.
However, with this increase in funding also comes the requirement to
strengthen the oversight of financial matters at the agency. S. 2412
requires the NTSB to hire a Chief Financial Officer and to improve its
internal audit procedures. In addition, S. 2412 vests the DOT 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, S. 2412 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 who 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. S. 2412 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.
Having a well funded, well-trained NTSB workforce to meet the
challenges of the 21st Century is of the utmost importance for the
American traveling public. I compliment Chairman Shuster, Subcommittee
Chairman Duncan, and Subcommittee Ranking Member Lipinski for their
efforts on this bill.
I urge my colleagues to support this critical piece of legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. SHUSTER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Pease). The question is on the motion
offered by the gentleman from Pennsylvania (Mr. Shuster) that the House
suspend the rules and pass the Senate bill, S. 2412.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
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