[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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