[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.
* * * * * * *