[House Report 106-335]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-335

======================================================================



 
      NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS ACT OF 1999

                                _______


 September 27, 1999.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2910]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2910) to amend title 49, United 
States Code, to authorize appropriations for the National 
Transportation Safety Board for fiscal years 2000, 2001, and 
2002, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE; REFERENCES.

  (a) Short Title.--This Act may be cited as the ``National 
Transportation Safety Board Amendments Act of 1999''.
  (b) References.--Except as otherwise specifically provided, whenever 
in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision of law, the 
reference shall be considered to be made to a section or other 
provision of title 49, United States Code.

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 private 
        entities and departments, agencies, and instrumentalities of 
        the Government, State and local governments, and governments of 
        foreign countries for the provision of technical services or 
        training in accident investigation theory and technique, and 
        require that such entities provide appropriate consideration 
        for the reasonable costs of any goods, services, or training 
        provided by the Board.''.
  (b) Deposit of Amounts.--Section 1113(b)(2) is amended--
          (1) by inserting ``and section 1114(a)'' before ``to be 
        credited''; and
          (2) by inserting ``as offsetting collections'' before the 
        period at the end.

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 a calendar year, in a total amount that exceeds 
        $570,000.
          ``(4) Basic pay defined.--In this subsection, the term `basic 
        pay' includes any applicable locality-based comparability 
        payment under section 5304 of title 5 (or similar provision of 
        law) and any special rate of pay under section 5305 of title 5 
        (or similar provision of law).
          ``(5) Annual report.--Not later than January 31, 2001, and 
        annually thereafter, the Board shall transmit to Congress a 
        report identifying the total amount of overtime payments made 
        under this subsection in the preceding fiscal year and the 
        number of employees whose overtime pay under this subsection 
        was limited in such fiscal year as a result of the 15 percent 
        limit established by paragraph (2).''.

SEC. 5. RECORDERS.

  (a) Cockpit Video Recordings.--Section 1114(c) is amended--
          (1) in the subsection heading by striking ``Voice'';
          (2) in paragraphs (1) and (2) by striking ``cockpit voice 
        recorder'' and inserting ``cockpit voice or video recorder''; 
        and
          (3) in the second sentence of paragraph (1) by inserting ``or 
        any written depiction of visual information'' after 
        ``transcript''.
  (b) Surface Vehicle Recordings and Transcripts.--
          (1) In general.--Section 1114 is amended--
                  (A) by redesignating subsections (d) and (e) as 
                subsections (e) and (f), respectively; and
                  (B) by inserting after subsection (c) the following:
  ``(d) Surface Vehicle Recordings and Transcripts.--
          ``(1) Confidentiality of recordings.--The Board may not 
        disclose publicly any part of a surface vehicle voice or video 
        recorder recording or transcript of oral communications by or 
        among drivers, train employees, or other operating employees 
        responsible for the movement and direction of the vehicle or 
        vessel, or between such operating employees and company 
        communication centers, related to an accident investigated by 
        the Board. However, the Board shall make public any part of a 
        transcript or any written depiction of visual information that 
        the Board decides is relevant to the accident--
                  ``(A) if the Board holds a public hearing on the 
                accident, at the time of the hearing; or
                  ``(B) if the Board does not hold a public hearing, at 
                the time a majority of the other factual reports on the 
                accident are placed in the public docket.
          ``(2) References to information in making safety 
        recommendations.--This subsection does not prevent the Board 
        from referring at any time to voice or video recorder 
        information in making safety recommendations.''.
          (2) Conforming amendment.--The first sentence of section 
        1114(a) is amended by striking ``and (e)'' and inserting ``(d), 
        and (f)''.
  (c) Discovery and Use of Cockpit and Surface Vehicle Recordings and 
Transcripts.--
          (1) In general.--Section 1154 is amended--
                  (A) in the section heading by striking ``cockpit 
                voice and other material'' and inserting ``cockpit and 
                surface vehicle recordings and transcripts'';
                  (B) in subsection (a)--
                          (i) by striking ``cockpit voice recorder'' 
                        each place it appears and inserting ``cockpit 
                        or surface vehicle recorder'';
                          (ii) by striking ``section 1114(c)'' each 
                        place it appears and inserting ``section 
                        1114(c) or 1114(d)''; and
                          (iii) by adding at the end the following:
  ``(6) In this subsection--
          ``(A) the term `recorder' means a voice or video recorder; 
        and
          ``(B) the term `transcript' includes any written depiction of 
        visual information obtained from a video recorder.''.
          (2) Conforming amendment.--The table of sections for chapter 
        11 is amended by striking the item relating to section 1154 and 
        inserting the following:

``1154. Discovery and use of cockpit and surface vehicle recordings and 
transcripts.''.

  (d) Requirements for Installation and Use of Recording Devices.--
Section 329 is amended by adding at the end the following:
  ``(e) Requirements for Installation and Use of Recording Devices.--A 
requirement for the installation and use of an automatic voice, video, 
or data recording device on an aircraft, vessel, or surface vehicle 
shall not be construed to be the collection of information for the 
purpose of any Federal law or regulation, if the requirement--
          ``(1) meets a safety need for the automatic recording of 
        realtime voice or data experience that is restricted to a fixed 
        period of the most recent operation of the aircraft, vessel, or 
        surface vehicle;
          ``(2) does not place a periodic reporting burden on any 
        person; and
          ``(3) does not necessitate the collection and preservation of 
        data separate from the device.''.

SEC. 6. PRIORITY OF INVESTIGATIONS.

  (a) In General.--Section 1131(a)(2) is amended--
          (1) by striking ``(2) An investigation'' and inserting 
        ``(2)(A) Subject to the requirements of this paragraph, an 
        investigation''; and
          (2) by adding at the end the following:
  ``(B) If the Attorney General, in consultation with the Chairman of 
the Board, determines and notifies the Board that circumstances 
reasonably indicate that the accident may have been caused by an 
intentional criminal act, the Board shall relinquish investigative 
priority to the Federal Bureau of Investigation. The relinquishment of 
investigative priority by the Board shall not otherwise affect the 
authority of the Board to continue its investigation under this 
section.
  ``(C) If a law enforcement agency suspects and notifies the Board 
that an accident being investigated by the Board under paragraph 
(1)(A)-(D) may have been caused by an intentional criminal act, the 
Board, in consultation with the law enforcement agency, shall take 
necessary actions to ensure that evidence of the criminal act is 
preserved.''.
  (b) Revision of 1977 Agreement.--Not later than 1 year after the date 
of enactment of this Act, the National Transportation Safety Board and 
the Federal Bureau of Investigation shall revise their 1977 agreement 
on the investigation of accidents to take into account the amendments 
made by this Act.

SEC. 7. PUBLIC AIRCRAFT INVESTIGATION CLARIFICATION.

  Section 1131(d) is amended by striking ``1134(b)(2)'' and inserting 
``1134(a), (b), (d), and (f)''.

SEC. 8. AUTHORITY OF THE INSPECTOR GENERAL.

  (a) In General.--Subchapter III of chapter 11 of subtitle II is 
amended by adding at the end the following:

``Sec. 1137. Authority of the Inspector General

  ``(a) In General.--The Inspector General of the Department of 
Transportation, in accordance with the mission of the Inspector General 
to prevent and detect fraud and abuse, shall have authority to review 
only the financial management and business operations of the National 
Transportation Safety Board, including internal accounting and 
administrative control systems, to determine compliance with applicable 
Federal laws, rules, and regulations.
  ``(b) Duties.--In carrying out this section, the Inspector General 
shall--
          ``(1) keep the Chairman of the Board and Congress fully and 
        currently informed about problems relating to administration of 
        the internal accounting and administrative control systems of 
        the Board;
          ``(2) issue findings and recommendations for actions to 
        address such problems; and
          ``(3) report periodically to Congress on any progress made in 
        implementing actions to address such problems.
  ``(c) Access to Information.--In carrying out this section, the 
Inspector General may exercise authorities granted to the Inspector 
General under subsections (a) and (b) of section 6 of the Inspector 
General Act of 1978 (5 U.S.C. App.).
  ``(d) Reimbursement.--The Inspector General shall be reimbursed by 
the Board for the costs associated with carrying out activities under 
this section.''.
  (b) Conforming Amendment.--The table of sections for such subchapter 
is amended by adding at the end the following:

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

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 10. TERMINAL DOPPLER WEATHER RADAR.

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

                               Background

    NTSB was established as an independent agency in 1974. 
Prior to that, NTSB had been a part of the Department of 
Transportation (DOT). The NTSB is charged with determining the 
probable causes of transportation accidents and promoting 
transportation safety. The Board investigates accidents, 
conducts safety studies, evaluates the effectiveness of other 
government agencies' programs for preventing transportation 
accidents, 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 by the FAA Administrator and certificate actions 
against seamen by the Commandant of the Coast Guard.
    Most importantly, the NTSB makes safety recommendations, 
based on its investigations, to Federal, State, and local 
government agencies and to the transportation industry urging 
actions that should be taken to prevent accidents.
    Since 1967, the Board has investigated more than 100,000 
aviation accidents and at least 10,000 other accidents in 
surface transportation modes. The Safety Board also 
investigates accidents involving the transportation of 
hazardous materials and is the sole U.S. accredited 
representative at foreign aviation accident investigations 
under the Convention on International Civil Aviation.
    NTSB has no authority to issue regulations covering the 
transportation industry. Therefore, its effectiveness is 
dependent upon timely accident reports and safety 
recommendations.

                             NTSB Structure

    NTSB is headed by five board members who are nominated by 
the President and confirmed by the Senate. No more than three 
members can be from any one party. All board members serve a 
five-year term. The President designates, and the Senate 
confirms, one of the five members to serve as Chairman for a 
term of two years.

                        NTSB's Responsibilities

    NTSB investigates many transportation accidents including 
all fatal aviation accidents, and major railroad, highway, 
transit and maritime accidents. After investigating an 
accident, NTSB determines the probable cause and issues a 
formal report.
    NTSB is statutorily required to make a probable cause 
determination on all aviation accidents. Although NTSB 
investigates all fatal aviation accidents, it often requests 
FAA to investigate non-fatal aviation accidents. States or 
other agencies often investigate accidents in other modes of 
transportation.

                        Reauthorization Request

    NTSB's 3-year reauthorization request includes additional 
funding, additional staff, and statutory changes. Below is 
NTSB's fiscal year 1999 appropriation level and NTSB's request 
for authorization and full-time equivalent (FTE) personnel for 
fiscal years 2000, 2001, and 2002.

                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                     1999        2000        2001        2002
----------------------------------------------------------------------------------------------------------------
Authorization...................................................      *$53.5       $57.0       $73.0       $76.4
Percentage Increase.............................................  ..........         7          28           5
Full-Time Equivalent............................................       402         402         470        470
----------------------------------------------------------------------------------------------------------------
* The 1999 figure is the appropriated level, not the authorization level, which was $46.6 million.

    For FY 2000, NTSB is requesting an authorization of $57 
million, which is consistent with its current appropriations 
request. Its FY 2001 and 2002 requests are the amounts 
requested in its budget submission to the Office of Management 
and Budget. This request includes funding for additional 
training, computers, and laboratory and investigative 
equipment. Funds have not been requested for new program 
initiatives.
    As shown in the table below, appropriation levels for NTSB 
have been consistently higher than authorized due to increased 
needs arising from the TWA 800 tragedy, including the cost of 
leasing the Calverton facility (which houses the wreckage of 
the TWA 800 aircraft).

                          [Dollars in millions]
------------------------------------------------------------------------
                                                Fiscal year
                                  --------------------------------------
                                       1997         1998         1999
------------------------------------------------------------------------
Authorization:
    Dollars......................        $42.4        $44.4        $46.6
    Employees (FTEs).............        370          370          370
Appropriation:
    Dollars......................       *$73.0        $55.3        $53.5
    Employees (FTEs).............        368          402          402
------------------------------------------------------------------------
* The 1997 Appropriation includes a $29 million supplemental
  appropriation to cover costs from that year and the previous year as a
  result of the TWA 800 crash.

    NTSB is seeking a $3.5 million increase over its FY 1999 
budget. Some of this increase will go to upgrade NTSB 
facilities, including its Board-wide computer network and the 
laboratory it uses to analyze accident data recorders. 
Additional monies will go to training, promotion, and pay 
raises.

                   Statutory Changes Proposed by NTSB


                       Definitional Clarification

    (1) Accident Scene Priority. The NTSB is seeking to clarify 
that its investigation has priority over that of other 
agencies. Existing law states that other investigations are 
subordinate to the NTSB's safety investigation. However, 
recently most of the major aviation investigations conducted by 
the NTSB have also involved parallel criminal investigations. 
Because of the competing interests involved, interagency 
coordination between a safety and criminal investigation can be 
complicated. While the NTSB typically accommodates the 
requirements of these criminal investigations, without a clear 
statement of congressional intent, the negotiation of 
compromises and accommodations may depend on the circumstances 
and personalities involved. NTSB is seeking clarification that 
it has priority over all accidents under its jurisdiction, 
including those accidents that may occur in full or in part out 
of intentional acts of destruction. The NTSB cites the TWA 800 
investigation, where the nature of the destructive act was 
initially unknown, as justification for this proposal.
    (2) Marine Jurisdiction on the Territorial Sea. The NTSB is 
seeking to clarify that its marine jurisdiction over accidents 
was extended under the 1988 Presidential Proclamation that 
extended the territorial sea of the United States to 12 miles 
from the coast. The Proclamation contains language to the 
effect that it doesn't extend or alter existing law. The 
Federal Aviation Administration and the Coast Guard have had 
their jurisdictional statutes amended to reflect the 12-mile 
territorial sea. While the Independent Safety Board Act 
references the FAA provisions in the aviation area, it does not 
reference the Coast Guard provisions. This suggested change 
would reference the Coast Guard provisions.

                          Personnel Management

    NTSB seeks several changes in the personnel management 
provisions that would allow it the flexibility to hire and 
retain qualified individuals.
    (1) Prescription of reasonable rates of pay for overtime. 
The nature of NTSB investigations often involves intensive work 
and long hours resulting in overtime pay. Currently, the NTSB 
is limited, as are most Federal agencies, to overtime payment 
of 1\1/2\ times the hourly rate of a GS-10 step 1. Many of 
NTSB's employees in these investigations are at the GS-13 and -
14 levels. This results in overtime pay that does not in many 
cases meet the level of basic pay for these employees. NTSB is 
seeking authority similar to that exercised by DOT over Coast 
Guard employees to prescribe reasonable rates of overtime pay.
    (2) Excepted Service appointment authority. NTSB believes 
that for certain positions in the agency, the ability to 
immediately hire someone can be essential to filling an 
experienced position. NTSB is seeking the ability to recruit 
and hire accident investigation personnel using excepted 
service authority. It would have the option of converting the 
individual to competitive service after a two-year probationary 
period if the individual has an excellent or outstanding 
employee rating.
    (3) Discretionary base pay supplement for employees engaged 
in investigative work. NTSB is seeking a tool similar to one 
afforded to FAA in order to remain competitive with FAA as well 
as to attract and retain high caliber employees. NTSB is 
requesting the authority to offer a pay supplement to employees 
directly engaged in safety investigation work. This would allow 
the agency to compensate its investigative employees at a level 
similar to other government alternatives or private sector 
jobs.
    (4) Retirement at age 55 with 20 or more years of service. 
The same reasons discussed in 1-3 above are the rationale under 
which NTSB is requesting the authority to offer retirement to 
its employees who reach age 55 with 20 years of experience. 
This authority would enhance the NTSB's ability to hire and 
retain top candidates. In addition, the nature and stress of 
on-site investigation often causes burn-out or a lack of desire 
to continue working in this demanding environment.

              Technical Service Agreements and Collections

    (1) Negotiation of foreign technical service agreements. 
NTSB is seeking a clarification of its existing authority to 
enter into agreements with foreign countries for training and 
technical assistance. Currently the Department of State does 
not believe that NTSB has the authority to do this. NTSB has 
entered into agreements over the years to do this and maintains 
that it is necessary to continue to do so in order to maintain 
its preeminence in this field. The agreements are limited in 
nature to technical and training assistance and the authority 
NTSB is seeking is consistent with the FAA's authority to enter 
into agreements with foreign countries for technical support in 
safety regulation and aircraft certification.
    (2) Collection for Production of Dockets. NTSB is seeking 
the ability to recover its costs associated with reproduction 
and dissemination of its products. The NTSB currently provides, 
at its own expense, copies of accident dockets to persons or 
organizations involved in accidents. Other interested parties 
are referred to a clearinghouse that sells copies of the 
Board's microfiche and electronic records at a profit. The cost 
of reproducing and distributing the Board's products comes out 
of its operating budget. If given the authority to charge fees, 
the Board would develop a fee schedule to be published in the 
Federal Register and not renew the contract with the 
clearinghouse. The Board believes that this authority would 
allow it to provide better, cheaper service to the American 
public.

                               recorders

    The NTSB seeks an amendment to provide the same protections 
for voice and video recorders for all modes of transportation 
comparable to those provided for cockpit voice recorders (CVR). 
Current law prohibits public release of CVR recordings. The 
NTSB has recommended that other modes of transportation 
incorporate voice or event recorders into their operations 
(specifically railroad and marine operations). NTSB has met 
with some resistance on this issue due to the concern over the 
lack of protection from public disclosure. Additionally, the 
NTSB believes that video recorders for all modes of 
transportation may become a reality in the near future. This 
provision would ensure the same protections for these devices 
as are currently in place for CVRs.

                            marine priority

    NTSB has requested an amendment to section 1131(a)(2) of 
title 49, United States Code, to give the NTSB investigative 
priority over major marine casualties. Currently, the Coast 
Guard has investigative priority in these cases, except in 
certain cases described in Part 850 of title 49 of the Code of 
Federal Regulations. Also, under current regulations, the NTSB 
may conduct an independent investigation of any major marine 
casualty. The NTSB has priority over other transportation 
accident investigations, including other marine casualty 
investigations.

              public aircraft investigation clarification

    NTSB is seeking a clarification to Public Law 103-411. The 
law codified an investigatory role for the NTSB in accidents of 
aircraft operated by Federal, State, and local governments 
similar to the NTSB's role in civil aviation accidents. However 
the law omitted NTSB's authority to enter property where an 
accident has occurred, inspect relevant records, conduct tests, 
and order autopsies--tools that the agency commonly uses in its 
civil accident investigations. NTSB is seeking an amendment to 
that law to give it what it believes is essential components of 
an independent investigation.

                             Reported Bill


Authorized funding levels

    The reported bill would increase authorized funding levels 
for the NTSB to $57 million in FY 2000, $65 million in FY 2001, 
and $72 million in FY 2002.
    The funding levels in the last two years of the 
authorization represent a significant increase. However, the 
funds authorized are much less than the Board had sought. The 
increased funding for new personnel, training, and other 
programs is necessary to help the Board's employees keep up 
with rapidly changing technology.
    All modes of transportation are experiencing technological 
growth and NTSB staff must be prepared for those changes. 
Technological advances in the aviation industry, such as glass 
cockpits, satellite navigation systems, and the use of 
composite materials, increase the complexity of accident 
investigations. This is also true in the railroad industry 
where technology has changed the industry with sophisticated 
electronic alerting devices, digitized electronic event 
recorders, and computer aided dispatching.

Overtime pay

    The reported bill would add a new paragraph (g) to section 
1113 of title 49, United States Code, permitting the NTSB to 
pay an hourly overtime pay rate of one and one-half times the 
employee's hourly rate of basic pay. This overtime rate could 
be paid to employees who are on duty at the scene of an 
accident, or who carry out responsibilities critical to the 
accident investigation, between 6 p.m. and 7 a.m. on a weekday, 
or at any time on a weekend or holiday. The provision would 
also establish a calendar year limit on overtime pay equal to 
15 percent of the employee's annual rate of basic pay and an 
agency-wide limit of $570,000 per year.
    The $570,000 is 1% of the agency's total authorized funding 
level. If requested by the NTSB, the Committee would consider 
raising this cap in future reauthorization legislation if that 
is justified.
    This provision is intended to permit overtime rates and 
total overtime pay in excess of current premium pay limitations 
in title 5 of the U.S. Code. Under title 5, hourly rate of 
overtime pay may not exceed the overtime rate of GS-10, step 1.
    NTSB had requested broader personnel reform similar to 
FAA's system but NTSB indicated that it was the overtime issue 
addressed here that it is most interested in.

Inspector General oversight

    As the agency's budget increases, it is becoming more 
important that it be subject to the proper level of oversight.
    Therefore, this bill will give the Inspector General of the 
Department of Transportation the authority to review the 
business and financial management of the NTSB. To ensure that 
Inspector General oversight does not undermine the independence 
of the NTSB, the reported bill restricts that oversight to only 
the business and financial management of the agency. The 
Inspector General cannot get involved in the policy choices or 
safety recommendations of the Board.
    This provision should not be construed as implying that 
there are any improprieties at the agency. We are merely 
treating the NTSB in the same manner as other agencies that are 
subject to Inspector General review.

Family assistance

    The reported bill does not make any changes in the family 
assistance responsibilities of the NTSB that were called for by 
the Family Assistance Task Force. Those are addressed in 
separate legislation, Title IV of H.R. 1000, House Report 106-
167, and in H.R. 2681.
    Since H.R. 1000 passed the House, the Committee has become 
aware of some dissatisfaction on the part of the Salvation Army 
with its role in the family assistance procedures.
    When the committee held hearings on family assistance after 
the ValuJet crash (Committee Document 104-61), several 
witnesses suggested that the Red Cross be utilized to help the 
families who lose loved ones in future crashes.
    In writing the Aviation Disaster Family Assistance Act of 
1996 (110 Stat. 3264), there was some consideration given to 
specifically naming the Red Cross as the organization that 
would assist the NTSB in family assistance matters.
    However, in the final legislation enacted, it was decided 
not to specify a particular organization. Instead, the law 
directs NTSB to ``designate'' an organization to help in family 
assistance matters.
    The NTSB has indicated that it plans to designate the Red 
Cross to help in future air crashes. The Committee recognizes 
that the Red Cross is an excellent choice to take on this 
responsibility. But there is nothing in the law that would 
prevent NTSB from designating another organization in the 
future.
    It is important to note that the law does not specify which 
organizations can help. That is left up to the NTSB, which will 
have personnel at the crash scene.
    However, the Committee believes that the NTSB should 
continue to work with the Salvation Army to develop a role in 
aviation disaster response consistent with U.S. law and with 
the Salvation Army's historic mission in this area.

Relationship with other agencies and parties

    The Committee, in its review of the TWA Flight 800 
investigation and other recent major airline investigations 
undertaken by the NTSB, uncovered problems with these 
investigations, especially concerning NTSB's interactions with 
other parties to those investigations. In addition, the Rand 
Corporation is completing a study, commissioned by the NTSB, 
focused on how to improve the Board's accident investigation 
capabilities. The Committee is very interested in the Board's 
response to these reviews and encourages the Board to submit 
its views and recommendations when the Rand study is completed.
    The Committee also believes that coordination between NTSB 
and other government agencies like the FBI needs to be 
improved. The Committee urges NTSB to work with the FBI and 
other federal agencies to establish clear procedures to govern 
future investigations of major airline accidents to ensure that 
the NTSB maintains a lead role in all future airline accident 
investigations in the United States. Such procedures should 
ensure, for example, that the NTSB has full and immediate 
access to the information developed by any parallel federal 
investigation of a major airline accident, criminal or 
otherwise.
    In furtherance of these goals, sections 2 and 6 of the 
reported bill make explicit NTSB's lead role in transportation 
disasters without regard to the initiating cause of that 
disaster. An exception is provided in section 6 covering those 
situations where circumstances reasonably indicate that the 
accident may have been caused by an intentional criminal act. 
In those situations, the Board will relinquish its lead role to 
the FBI, which has been granted explicit statutory jurisdiction 
in Title 18 of the U.S. Code over crimes involving aircraft. 
This ensures that evidence of a potential crime is properly 
preserved at the outset of the investigation for later possible 
criminal prosecution. However, under no circumstances will the 
Board be impeded from continuing its probable cause 
investigation.
    The effect of sections 2 and 6 will be largely to reaffirm 
current practice. NTSB has indicated that its investigative 
procedures are now, and will continue to be, modified to the 
extent required to protect the integrity of criminal 
proceedings, particularly where intentional destruction cannot 
be ruled out. The amendments do not affect the continuing 
requirement for all agencies, whether involved in safety 
investigations, regulatory enforcement, or criminal 
investigations, to share information between one another on a 
timely basis.
    The Committee also believes that the NTSB needs to evaluate 
how information is disseminated when a major airline accident 
occurs. In particular, to the maximum extent possible, the NTSB 
should brief families of accident victims and parties to an 
accident before making major public statements or announcements 
on an accident investigation. The NTSB should also consider how 
parties to an accident investigation could be permitted to be 
more candid and responsive to media and other inquiries without 
compromising an ongoing accident investigation.

Relationship with Coast Guard

    The Committee is aware of the dual authorities of the Coast 
Guard and the National Transportation Safety Board to 
investigate major marine casualties. Both of these agencies 
need to know the causes of these casualties to decrease the 
chance for such accidents in the future.
    The authorization act proposed by the NTSB would have 
granted the NTSB primacy over all major marine casualties in 
the same manner as they have over other transportation accident 
investigations. The Committee does not feel that this approach 
is needed at this time. However, the Committee has two concerns 
regarding these investigations.
    First, one of the major purposes of the Independent Safety 
Board Act was to ensure that regulatory agencies do not 
investigate themselves when attempting to determine the cause 
of a transportation accident. Part 850 of title 49 of the Code 
of Federal Regulationsand a Memorandum of Understanding between 
the Coast Guard and the NTSB prescribe standards for NTSB to be the 
lead agency in investigating a major marine casualty. Section 
850.15(b)(3) of the joint regulations states that the Board shall 
conduct an investigation when the ``Commandant and the Board agree that 
the Board shall conduct the investigation, and the casualty is a major 
marine casualty which involves significant safety issues relating to 
Coast Guard safety functions.'' For example, on May 1, 1999, an 
amphibious vessel sank in Arkansas killing 13 of the 21 passengers on 
board. This tragedy has the potential to raise questions related to 
Coast Guard safety functions and, in this case, it may have been more 
appropriate for the NTSB to have been the lead investigating agency. 
The Committee believes that the Coast Guard and the NTSB should 
establish clear standards that provide a bright-line test for 
determining when a ``major marine casualty involves significant safety 
issues relating to Coast Guard safety functions'' that will allow the 
agencies to know whether or not the NTSB will lead the investigation 
shortly after the casualty occurs.
    Second, the Committee is concerned about the impact that 
convening a Formal Board of Investigation by the Coast Guard 
may have on the field investigation being conducted by the 
NTSB. As we have seen in other accident investigation areas, 
one agency's actions may have unintended consequences on NTSB 
investigations. The Committee believes that the Coast Guard and 
the NTSB should coordinate the convening of Formal Boards of 
Investigation by the Coast Guard so as not to interfere with 
the 4-5 day field investigation by the NTSB investigators.
    The Committee understands that the Commandant of the Coast 
Guard, Admiral James Loy, has agreed to work with the NTSB to 
resolve both of these issues in a fair manner.

                       Section-by-Section Summary


Section 1. Short title; references

    Simply indicates that the name of the bill is the 
``National Transportation Safety Board Amendments Act of 
1999.''

Section 2. Definitions

    Changes two definitions.
    The first makes clear that NTSB's jurisdiction over 
accidents ``on the navigable waters and territorial sea of the 
United States'' extends 12 miles from the coast. This is 
consistent with a 1988 executive order and with the Coast 
Guard's jurisdiction.
    The second change broadens the definition of the term 
``accident'' to include ``damage to instrumentalities of 
transportation whether accidental or otherwise.''
    This is designed to make clear that the priority given in 
law to NTSB's safety investigation over a parallel criminal 
investigation applies whether the cause of the crash was 
accidental, sabotage, or some other intentional act. This 
priority is subject to section 6 below. NTSB requested both of 
these definitional changes.

Section 3. Authority to enter into agreements

    Authorizes NTSB to enter into agreements with foreign 
governments for the provision of technical assistance and other 
services and be reimbursed for those services. NTSB has entered 
into such agreements in the past, but recently the State 
Department said that NTSB does not have authority to do so. 
This would clarify its authority. NTSB requested this 
clarification.

Section 4. Overtime pay

    Permits NTSB to pay time-and-a-half to its employees who 
work overtime on an accident investigation.
    Currently, NTSB employees, like most Federal employees, are 
permitted only one and one-half times the hourly rate of pay at 
Grade 10 when they work overtime, even if the employee is at a 
higher pay grade.
    This section would change that to allow NTSB employees to 
get one and one-half times their hourly pay, even if higher 
than Grade 10, subject to two limitations. These limitations 
are that the employee cannot get more than 15% of base pay in 
any year and the NTSB cannot pay more than $570,000 per year 
total under this section.
    This section also includes an annual reporting requirement 
to ensure continued oversight of overtime pay at the NTSB. This 
information would be useful in ensuring that overtime is not 
abused and to evaluate whether the caps need to be raised. The 
Committee would like this report to state separately the amount 
of overtime paid under this section and the amount paid under 
regular title 5 procedures.

Section 5. Recorders

    Provides the same assurance of confidentiality now provided 
for voice recorders on aircraft to video recorders on aircraft 
and to voice and video recorders on surface vehicles. NTSB 
requested this change. This change would enhance safety by 
helping to ease the way for the installation of these recorders 
on more aircraft, trains, trucks, and boats. Subsection (d) 
makes clear that a requirement for the installation of these 
recorders would not be subject to the Paperwork Reduction Act 
although any data collection or reporting requirements that 
resulted from the installation would be subject to that Act.

Section 6. Priority of investigations

    Establishes a procedure for NTSB to turn over its 
investigation to the FBI when it appears that the accident was 
caused by a criminal act. This provision has been negotiated 
with the NTSB and the FBI.

Section 7. Public aircraft investigation clarification

    Gives the NTSB the same authority in public aircraft 
accident investigations to enter property and to inspect and 
test aircraft that it now has in civil aircraft accident 
investigations.

Section 8. Authority of the Inspector General

    Provides Inspector General oversight of the NTSB. This 
oversight is limited to the financial management and business 
operations of the agency. The policy, priorities, or safety 
recommendations of the Board are not a proper area for 
Inspector General oversight. The oversight is limited to the 
financial management and business operations of the agency in 
order to ensure that the Board's independence is not 
undermined.

Section 9. Authorization of appropriations

    Authorizes $57 million in 2000, $65 million in 2001, and 
$72 million in 2002 for the NTSB. The $57 million is the amount 
NTSB requested in 2000. It requested $73 million in 2001 and 
$76.4 million in 2002. It is receiving $53.5 million in FY 
1999. The House-passed Transportation Appropriations bill would 
provide $57 million for NTSB in FY 2000.

Section 10. Terminal Doppler Weather Radar

    Directs the FAA to install a terminal Doppler weather radar 
at the former Coast Guard station in Brooklyn, New York if 
needed for safety. The need for this provision arose out of the 
July 22, 1999, Aviation Subcommittee hearing held on aviation 
weather where it was revealed that the Park Service was 
objecting to the placement of this equipment that would enhance 
safety at LaGuardia and Kennedy. While it appears that the Park 
Service is no longer insisting on its objection, the Committee 
wants to emphasize the importance of this equipment to the 
safety of air travelers in the New York area. The directive in 
this section is contingent on the FAA determination that the 
equipment would enhance aviation safety, which the Committee 
understands has already occurred.

                    Hearings and Legislative History

    On May 6, 1999, the Aviation Subcommittee held a hearing on 
the Reauthorization of the National Transportation Safety Board 
(NTSB). Testimony was given by the Chairman of the NTSB, the 
Associate Director for the Institute for Civil Justice of RAND, 
and Cmdr. William S. Donaldson III, a critic of NTSB's 
investigation of TWA 800.

                        Committee Consideration

    On September 23, 1999, the Full Committee met in open 
session and approved H.R. 2910 by voice vote.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each roll call vote on a motion 
to report and on any amendment offered to the measure or 
matter, and the names of those members voting for and against. 
There was no roll call vote on H.R. 2910.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 2910.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
2910 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 24, 1999.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2910, the National 
Transportation Safety Board Amendments Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is James 
O'Keeffe.
            Sincerely,
                                          Dan L. Crippen, Director.
    Enclosure.

H.R. 2910--National Transportation Safety Board Amendments Act of 1999

    Summary: The National Transportation Safety Board 
Amendments Act of 1999 would authorize the appropriation of 
$194 million for the National Transportation Safety Board 
(NTSB) over the 2000-2003 period and would revise various NTSB 
policies and procedures. Certain fees collected by the NTSB 
would be classified as offsetting collections credited to 
appropriations. In addition, the bill would authorize the 
Inspector General of the Department of Transportation to 
conduct audits of the NTSB's financial management and business 
operations and would require the NTSB to reimburse the 
department for such costs. Finally, H.R. 2910 would direct the 
Federal Aviation Administration (FAA) to install a Terminal 
Doppler Weather Radar at Floyd Bennett Field in King's County, 
New York, if the Administrator finds it would enhance aviation 
safety.
    Assuming appropriation of the specified amounts, CBO 
estimates that implementing H.R. 2910 would result in 
discretionary spending of $194 million over the 2000-2004 
period. The bill would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. H.R. 2910 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act (UMRA) and would 
impose no costs on state, local, or tribal governments.
    Estimated Cost to the Federal Government: The estimated 
budgetary impact of H.R. 2910 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal years, in millions of dollars--
                                                                 -----------------------------------------------
                                                                   1999    2000    2001    2002    2003    2004
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law:
    Budget Authority \1\........................................      53       0       0       0       0       0
    Estimated Outlays...........................................      60      18       5       1       0       0
Proposed Changes:
    Authorization Level.........................................       0      57      65      72       0       0
    Estimated Outlays...........................................       0      52      64      71       7       0
Spending Under H.R. 2910:
    Authorization Level \1\.....................................      53      57      65      72       0       0
    Estimated Outlays...........................................      60      70      69      72       7       0
----------------------------------------------------------------------------------------------------------------
\1\ The 1999 level is the amount appropriated for that year.

    Basis of estimate: For the purposes of this estimate, CBO 
assumes that the amounts authorized by H.R. 2910 will be 
appropriated by the beginning of each fiscal year. Estimated 
outlays are based on historical spending patterns. CBO 
estimates that provisions classifying certain proceeds as 
offsetting collections would have no significant effect on 
discretionary spending.
    CBO estimates that the Inspector General of the Department 
of Transportation would spend less than $500,000 a year to 
conduct financial audits of the NTSB and that such costs would 
be funded from the amount authorized in the bill for the board. 
Based on information from the FAA, CBO expects that a Doppler 
radar system will be installed at the Floyd Bennett Field under 
current law. Hence, we estimate that this provision would have 
no effect on discretionary spending.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: None.
    Estimate prepared by: Federal Costs: James O'Keefe.
    Esimate approved by: Robert A. Shunshine, Assistant 
Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. (Public Law 104-4.)

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act. (Public Law 
104-1.)

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                     TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *



               SUBTITLE I--DEPARTMENT OF TRANSPORTATION

           *       *       *       *       *       *       *


                  CHAPTER 3--GENERAL DUTIES AND POWERS

           *       *       *       *       *       *       *



                     SUBCHAPTER II--ADMINISTRATIVE

           *       *       *       *       *       *       *



Sec. 329. Transportation information

  (a) * * *

           *       *       *       *       *       *       *

    (e) Requirements for Installation and Use of Recording 
Devices.--A requirement for the installation and use of an 
automatic voice, video, or data recording device on an 
aircraft, vessel, or surface vehicle shall not be construed to 
be the collection of information for the purpose of any Federal 
law or regulation, if the requirement--
          (1) meets a safety need for the automatic recording 
        of realtime voice or data experience that is restricted 
        to a fixed period of the most recent operation of the 
        aircraft, vessel, or surface vehicle;
          (2) does not place a periodic reporting burden on any 
        person; and
          (3) does not necessitate the collection and 
        preservation of data separate from the device.

           *       *       *       *       *       *       *


                 SUBTITLE II--OTHER GOVERNMENT AGENCIES

            CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD

                          SUBCHAPTER I--GENERAL

Sec.
1101. Definitions.
     * * * * * * *

                        SUBCHAPTER III--AUTHORITY

     * * * * * * *
1137. Authority of the Inspector General.
     * * * * * * *

                SUBCHAPTER IV--ENFORCEMENT AND PENALTIES

     * * * * * * *
[1154. Discovery and use of cockpit voice and other material.]
1154. Discovery and use of cockpit and surface vehicle recordings and 
          transcripts.

           *       *       *       *       *       *       *


                         SUBCHAPTER I--GENERAL

[Sec. 1101. Definitions

    [Section 40102(a) of this title applies to this chapter.]

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.

           *       *       *       *       *       *       *


             SUBCHAPTER II--ORGANIZATION AND ADMINISTRATIVE

           *       *       *       *       *       *       *


Sec. 1113. Administrative

    (a) * * *

           *       *       *       *       *       *       *

    (b) Additional Powers.--(1) The Board may--
          (A) * * *

           *       *       *       *       *       *       *

          [(I) require that the departments, agencies, and 
        instrumentalities of the Government, State and local 
        governments, and governments of foreign countries 
        provide appropriate consideration for the reasonable 
        costs of goods and services supplied by the Board.]
          (I) negotiate and enter into agreements with private 
        entities and departments, agencies, and 
        instrumentalities of the Government, State and local 
        governments, and governments of foreign countries for 
        the provision of technical services or training in 
        accident investigation theory and technique, and 
        require that such entities provide appropriate 
        consideration for the reasonable costs of any goods, 
        services, or training provided by the Board.
    (2) The Board shall deposit in the Treasury amounts 
received under paragraph (1)(I) of this subsection and section 
1114(a) to be credited to the appropriation of the Board as 
offsetting collections.

           *       *       *       *       *       *       *

    (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 a calendar year, in a total 
        amount that exceeds $570,000.
          (4) Basic pay defined.--In this subsection, the term 
        ``basic pay'' includes any applicable locality-based 
        comparability payment under section 5304 of title 5 (or 
        similar provision of law) and any special rate of pay 
        under section 5305 of title 5 (or similar provision of 
        law).
          (5) Annual report.--Not later than January 31, 2001, 
        and annually thereafter, the Board shall transmit to 
        Congress a report identifying the total amount of 
        overtime payments made under this subsection in the 
        preceding fiscal year and the number of employees whose 
        overtime pay under this subsection was limited in such 
        fiscal year as a result of the 15 percent limit 
        established by paragraph (2).

Sec. 1114. Disclosure, availability, and use of information

    (a) General.--Except as provided in subsections (b), (c), 
[and (e)] (d), and (f) of this section, a copy of a record, 
information, or investigation submitted or received by the 
National Transportation Safety Board, or a member or employee 
of the Board, shall be made available to the public on 
identifiable request and at reasonable cost. This subsection 
does not require the release of information described by 
section 552(b) of title 5 or protected from disclosure by 
another law of the United States.

           *       *       *       *       *       *       *

    (c) Cockpit [Voice] Recordings and Transcripts.--(1) The 
Board may not disclose publicly any part of a [cockpit voice 
recorder] cockpit voice or video recorder recording or 
transcript of oral communications by and between flight crew 
members and ground stations related to an accident or incident 
investigated by the Board. However, the Board shall make public 
any part of a transcript or any written depiction of visual 
information the Board decides is relevant to the accident or 
incident--
          (A) * * *

           *       *       *       *       *       *       *

  (2) This subsection does not prevent the Board from referring 
at any time to [cockpit voice recorder] cockpit voice or video 
recorder information in making safety recommendations.
  (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.
  [(d)] (e) Drug Tests.--(1) Notwithstanding section 503(e) of 
the Supplemental Appropriations Act, 1987 (Public Law 100-71, 
101 Stat. 471), the Secretary of Transportation shall provide 
the following information to the Board when requested in 
writing by the Board:
          (A) * * *

           *       *       *       *       *       *       *

  [(e)] (f) Foreign Investigations.--
          (1) In general.--Notwithstanding any other provision 
        of law, neither the Board, nor any agency receiving 
        information from the Board, shall disclose records or 
        information relating to its participation in foreign 
        aircraft accident investigations; except that--
                  (A) * * *

           *       *       *       *       *       *       *


Sec. 1118. Authorization of appropriations

  [(a) In General.--There is authorized to be appropriated for 
the purposes of this chapter $37,580,000 for fiscal year 1994, 
$44,000,000 for fiscal year 1995, $45,100,000 for fiscal year 
1996, $42,400,00 for fiscal year 1997, $44,400,000 for fiscal 
year 1998, and $46,600,000 for fiscal year 1999. Such sums 
shall remain available until expended.]
  (a) In General.--There is authorized to be appropriated for 
the purposes of this chapter $57,000,000 for fiscal year 2000, 
$65,000,000 for fiscal year 2001, and $72,000,000 for fiscal 
year 2002. Such sums remain available until expended.

           *       *       *       *       *       *       *


                       SUBCHAPTER III--AUTHORITY

Sec. 1131. General authority

  (a) General.--(1) * * *

           *       *       *       *       *       *       *

  [(2) An investigation] (2)(A) Subject to the requirements of 
this paragraph, an investigation by the Board under paragraph 
(1)(A)-(D) or (F) of this subsection has priority over any 
investigation by another department, agency, or instrumentality 
of the United States Government. The Board shall provide for 
appropriate participation by other departments, agencies, or 
instrumentalities in the investigation. However, those 
departments, agencies, or instrumentalities may not participate 
in the decision of the Board about the probable cause of the 
accident.
  (B) If the Attorney General, in consultation with the 
Chairman of the Board, determines and notifies the Board that 
circumstances reasonably indicate that the accident may have 
been caused by an intentional criminal act, the Board shall 
relinquish investigative priority to the Federal Bureau of 
Investigation. The relinquishment of investigative priority by 
the Board shall not otherwise affect the authority of the Board 
to continue its investigation under this section.
  (C) If a law enforcement agency suspects and notifies the 
Board that an accident being investigated by the Board under 
paragraph (1) (A)-(D) may have been caused by an intentional 
criminal act, the Board, in consultation with the law 
enforcement agency, shall take necessary actions to ensure that 
evidence of the criminal act is preserved.

           *       *       *       *       *       *       *

  (d) Accidents Involving Public Aircraft.--The Board, in 
furtherance of its investigative duties with respect to public 
aircraft accidents under subsection (a)(1)(A) of this section, 
shall have the same duties and powers as are specified for 
civil aircraft accidents under sections 1132(a), 1132(b), and 
[1134(b)(2)] 1134 (a), (b), (d), and (f) of this title.

           *       *       *       *       *       *       *


Sec. 1137. Authority of the Inspector General

  (a) In General.--The Inspector General of the Department of 
Transportation, in accordance with the mission of the Inspector 
General to prevent and detect fraud and abuse, shall have 
authority to review only the financial management and business 
operations of the National Transportation Safety Board, 
including internal accounting and administrative control 
systems, to determine compliance with applicable Federal laws, 
rules, and regulations.
  (b) Duties.--In carrying out this section, the Inspector 
General shall--
          (1) keep the Chairman of the Board and Congress fully 
        and currently informed about problems relating to 
        administration of the internal accounting and 
        administrative control systems of the Board;
          (2) issue findings and recommendations for actions to 
        address such problems; and
          (3) report periodically to Congress on any progress 
        made in implementing actions to address such problems.
  (c) Access to Information.--In carrying out this section, the 
Inspector General may exercise authorities granted to the 
Inspector General under subsections (a) and (b) of section 6 of 
the Inspector General Act of 1978 (5 U.S.C. App.).
  (d) Reimbursement.--The Inspector General shall be reimbursed 
by the Board for the costs associated with carrying out 
activities under this section.

           *       *       *       *       *       *       *


                SUBCHAPTER IV--ENFORCEMENT AND PENALTIES

           *       *       *       *       *       *       *


Sec. 1154. Discovery and use of [cockpit voice and other material] 
                    cockpit and surface vehicle recordings and 
                    transcripts

  (a) Transcripts and Recordings.--(1) Except as provided by 
this subsection, a party in a judicial proceeding may not use 
discovery to obtain--
          (A) any part of a [cockpit voice recorder] cockpit or 
        surface vehicle recorder transcript that the National 
        Transportation Safety Board has not made available to 
        the public under [section 1114(c)] section 1114(c) or 
        1114(d) of this title; and
          (B) a [cockpit voice recorder] cockpit or surface 
        vehicle recorder recording.
  (2)(A) Except as provided in paragraph (4)(A) of this 
subsection, a court may allow discovery by a party of a 
[cockpit voice recorder] cockpit or surface vehicle recorder 
transcript if, after an in camera review of the transcript, the 
court decides that--
          (i) the part of the transcript made available to the 
        public under [section 1114(c)] section 1114(c) or 
        1114(d) of this title does not provide the party with 
        sufficient information for the party to receive a fair 
        trial; and
          (ii) discovery of additional parts of the transcript 
        is necessary to provide the party with sufficient 
        information for the party to receive a fair trial.
  (B) A court may allow discovery, or require production for an 
in camera review, of a [cockpit voice recorder] cockpit or 
surface vehicle recorder transcript that the Board has not made 
available under [section 1114(c)] section 1114(c) or 1114(d) of 
this title only if the [cockpit voice recorder] cockpit or 
surface vehicle recorder recording is not available.
  (3) Except as provided in paragraph (4)(A) of this 
subsection, a court may allow discovery by a party of a 
[cockpit voice recorder] cockpit or surface vehicle recorder 
recording if, after an in camera review of the recording, the 
court decides that--
          (A) the parts of the transcript made available to the 
        public under [section 1114(c)] section 1114(c) or 
        1114(d) of this title and to the party through 
        discovery under paragraph (2) of this subsection do not 
        provide the party with sufficient information for the 
        party to receive a fair trial; and
          (B) discovery of the [cockpit voice recorder] cockpit 
        or surface vehicle recorder recording is necessary to 
        provide the party with sufficient information for the 
        party to receive a fair trial.
  (4)(A) When a court allows discovery in a judicial proceeding 
of a part of a [cockpit voice recorder] cockpit or surface 
vehicle recorder transcript not made available to the public 
under [section 1114(c)] section 1114(c) or 1114(d) of this 
title or a [cockpit voice recorder] cockpit or surface vehicle 
recorder recording, the court shall issue a protective order--
          (i) to limit the use of the part of the transcript or 
        the recording to the judicial proceeding; and
          (ii) to prohibit dissemination of the part of the 
        transcript or the recording to any person that does not 
        need access to the part of the transcript or the 
        recording for the proceeding.
  (B) A court may allow a part of a [cockpit voice recorder] 
cockpit or surface vehicle recorder transcript not made 
available to the public under [section 1114(c)] section 1114(c) 
or 1114(d) of this title or a [cockpit voice recorder] cockpit 
or surface vehicle recorder recording to be admitted into 
evidence in a judicial proceeding, only if the court places the 
part of the transcript or the recording under seal to prevent 
the use of the part of the transcript or the recording for 
purposes other than for the proceeding.
  (5) This subsection does not prevent the Board from referring 
at any time to [cockpit voice recorder] cockpit or surface 
vehicle recorder information in making safety recommendations.
  (6) In this subsection--
          (A) the term ``recorder'' means a voice or video 
        recorder; and
          (B) the term ``transcript'' includes any written 
        depiction of visual information obtained from a video 
        recorder.

           *       *       *       *       *       *       *


                                  
