Senate Report 106-386 - NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS

[Senate Report 106-386]
[From the U.S. Government Publishing Office]

Calendar No. 762
106th Congress Report

2d Session SENATE 106-386

_______________________________________________________________________

NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS

__________

R E P O R T

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

S. 2412

August 25, 2000.--Ordered to be printed

Filed under authority of the order of the Senate of July 26, 2000
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred sixth congress
second session

JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington JOHN D. ROCKEFELLER IV, West
TRENT LOTT, Mississippi Virginia
KAY BAILEY HUTCHISON, Texas JOHN F. KERRY, Massachusetts
OLYMPIA SNOWE, Maine JOHN B. BREAUX, Louisiana
JOHN ASHCROFT, Missouri RICHARD H. BRYAN, Nevada
BILL FRIST, Tennessee BYRON L. DORGAN, North Dakota
SPENCER ABRAHAM, Michigan RON WYDEN, Oregon
SAM BROWNBACK, Kansas MAX CLELAND, Georgia
Mark Buse, Staff Director
Ann H. Choiniere, General Counsel
Kevin D. Kayes, Democratic Staff Director
Moses Boyd, Democratic Chief Counsel
Gregg Elias, Democratic General Counsel

Calendar No. 762
106th Congress Report
SENATE
2d Session 106-386

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

NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS

_______

August 25, 2000.--Ordered to be printed

Filed under authority of the order of the Senate of July 26, 2000

_______

Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following

R E P O R T

[To accompany S. 2412]

The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2412) ``A Bill to amend title
49, United States Code, to authorize appropriations for the
National Transportation Safety Board for fiscal years 2000,
2001, 2002, and 2003, and for other purposes'', having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.

Purpose of the Bill

As reported, the bill would authorize appropriations for the
Safety Board in the amounts of $57,000,000 for fiscal year (FY)
2000, $65,000,000 for FY 2001, $72,000,000 for FY 2002, and
$79,000,000 for FY 2003. The bill also amends the National
Transportation Safety Board Act in several ways. These
statutory changes include:
(1) Technical clarification of NTSB's authority to
investigate accidents to the twelve-mile limit beyond
the United States coast and its investigative authority
over accidents that may have been the subject of
intentional acts of destruction.
(2) Permission to prescribe overtime pay rates for
accident investigators.
(3) Authority to negotiate technical service
agreements with foreign safety agencies or foreign
governments.
(4) Authority to collect reasonable fees for the
reproduction and distribution of Board products.
(5) Authority to withhold voice and video recorder
information from public disclosure.
(6) Creation of a chief financial officer (CFO), with
oversight for waste, fraud, and abuse by the Inspector
General of the Department of Transportation (DOTIG).

Background and Needs

The National Transportation Safety Board is an independent
agency charged with determining the probable cause 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 reviews
appeals of adverse certificate and civil penalty actions by the
Administrators of agencies of the Department of Transportation
involving airman and seaman licenses. Since its inception in
1967, the NTSB has investigated more than 110,000 aviation
accidents, at least 10,000 other accidents in the surface modes
and issued more than 11,000 safety recommendations.
The Board has no authority to regulate the transportation
industry. Therefore, its effectiveness depends on its
reputation for timely and accurate determinations of accident
causation and for issuing realistic and feasible safety
recommendations.
More than 82 percent of the NTSB's recommendations have been
implemented, with an even higher percentage of critical safety
recommendations having been adopted. Over the years, these
recommendations have included, for example: a ban on the
transportation of oxygen generators as cargo on passenger
carrying aircraft; the extension of large air carrier safety
standards to commuter airline flights in aircraft having 10 or
more passenger seats; procedures to permit vehicle owners to
install air bag on/off switches until new, more technologically
advanced air bags are available; improved school bus
construction standards; rail passenger car safety improvements;
new recreational boating safety and commercial fishing vessel
regulations; and, the development of one-call notification
systems in all 50 states to improve protections for buried
pipelines.

Legislative History

The NTSB's authorization expired at the end of FY 1999
(September 30, 1999) but its funding continues through the
annual appropriations process. On April 27, 1999, the NTSB
submitted a three-year reauthorization request to the Senate
that proposed increased funding, additional staff, and
statutory changes.
The Full Committee held a hearing on the NTSB's
reauthorization request on July 15, 1999. During that hearing,
NTSB Chairman Jim Hall brought the Committee up to date on
accident investigations in all transportation modes (civil
aviation, highway, railroad, pipeline, marine), its most wanted
safety improvements list, and technological changes it has
utilized in investigations, such as advances in computer-
generated accident simulations. Chairman Hall also highlighted
the Safety Board's reauthorization submission.
On April 12, 2000, Chairman McCain introduced S. 2412, a bill
authorizing funding for FYs 2000 through 2003. In open
executive session on June 15, 2000, the Committee approved
without objection S. 2412.

Summary of Major Provisions

S. 2412 authorizes $57,000,000 for FY 2000, $65,000,000 for
FY 2001, $72,000,000 for FY 2002, and $79,000,000 for FY 2003.
The Committee recognizes the Safety Board is currently
experiencing a high level of major accident investigations,
many of which are extremely technologically complex. The
Committee is committed to providing a sufficient level of
funding to ensure the Board has the necessary personnel and
resources to complete these challenging investigations and
carry out its statutory mission. Therefore, the Committee
agreed to support the Safety Board's funding request and to
extend the reauthorization through 2003. The Committee expects
these additional resources to be targeted for major accident
investigation activities and transportation safety improvement
activities. To further assist the Board, the legislation also
would raise the Board's emergency fund to the level
commensurate to that which has been appropriated in recent
years.
The Committee is aware that the NTSB has had to expend
enormous resources investigating a number of foreign air
carrier crashes, but the NTSB has been able to recoup costs for
its services.
In addition to setting authorization levels for four years,
the bill also adopts a number of statutory changes as requested
by the Safety Board:
1. Voice Recorders.--The bill includes language requested by
the Safety Board to require the withholding from public
disclosure of voice and video recorder information for all
modes of transportation comparable to the protections already
statutorily provided for cockpit voice recorders (CVRs). The
bill does not require or endorse that such equipment be
updated, but instead provides protections if such updates are
forthcoming. This provision would be an important safeguard in
ensuring that railroad, maritime, and motor vehicle recorders
are protected in a manner similar to CVRs.
2. Overtime Pay Equity.--The bill provides the Board with
authority to establish reasonable rates of overtime pay for its
employees directly involved in accident-related work both on-
scene and investigative. This authority was requested in
acknowledgment of the extensive time spent by NTSB staff in
carrying out their duties and the Board's inability under
current law to more fairly compensate these employees. The
authority in the bill is similar to that already provided by
Congress to the Federal Aviation Administration and the Coast
Guard. Bill language is included to place an annual cap on the
amount of overtime pay an NTSB employee can receive under the
new authority.
3. Financial Controls.--The Safety Board's budget has
substantially increased over the years. As such, this measure
includes a number of provisions to strengthen financial
accountability at the Board. Currently, the NTSB is one of the
few agencies of the Federal government not required to have a
Chief Financial Officer (CFO). While the Board on its own
initiative has established a CFO position this bill would
ensure such a position of fiscal accountability is permanent.
The legislation also statutorily authorizes the Chairman to
establish annual travel budgets to govern BoardMember non-
accident travel. After concerns were raised last year over Board Member
travel, the Board Chairman established annual budgets and procedures
governing non-accident related travel. These actions were an important
step in addressing fiscal accountability at the Board and the Committee
believes they should be continued in the future. Further, the bill
would give the DOTIG the authority to review the financial management
and business operations of the Board to determine compliance with
applicable Federal laws, rules, and regulations.
4. Definition Clarifications.--The bill clarifies that the
NTSB's existing jurisdiction over accidents on the navigable
waters or territorial sea of the United States extends to the
twelve-mile limit. Jurisdiction to the twelve-mile limit is
based on international law, notably the 1982 United Nations
Convention on the Law of the Sea. In 1998, twelve-mile
jurisdiction authority was affirmed for the Coast Guard in its
authorization. Since the NTSB and Guard function under a
statutory requirement for joint rules, the use of consistent
jurisdiction authority is important.
The bill also clarifies the NTSB's priority over accident
scenes. With the exception of major marine investigations,
investigations undertaken by the Safety Board are given
priority over any investigation by another department, agency,
or instrumentality of the United States Government (49 U.S.C.
1131(a)(2)). Recently several NTSB accident investigations have
been impeded as other non-transportation related agencies have
initiated their own separate investigations. In some
investigations, court orders have been issued to prevent the
NTSB from testing critical components. Safety Board
investigators also have been unable to interview transportation
operators as criminal and civil litigation has increased. These
criminal investigations have impacted NTSB investigations into
the ValuJet crash, the FineAir DC-8 cargo crash, and a grade
crossing accident in Indiana.
The delays caused by these prosecution inquiries have
restrained the Board's capability to make timely determinations
of probable cause and issue safety recommendations. To ensure
that NTSB will continue to be capable of exercising its
responsibilities in a timely and judicious manner, the bill
includes language reiterating NTSB's existing jurisdiction,
whether the accident is accidental or intentional. The
Committee fully expects the NTSB to maintain its longstanding
policy of accommodating its investigatory needs to the unique
needs of criminal investigations when criminal behavior is
suspected or demonstrated.
The bill also contains language requiring the NTSB to
renegotiate the Memorandums of Understanding (MOUs) governing
investigation procedures that it currently has with the United
States Coast Guard and the Federal Bureau of Investigations.
These MOUs should be updated and refined as necessary to
provide for a clear understanding of each agency's authority
when an accident occurs.
5. Technical Service Agreements and Collections.--The bill
would clarify the Board's existing authority to enter into
agreements with foreign countries for training and technical
assistance in safety regulation and aircraft certification. The
Board has entered into these agreements for several years but
the State Department has recently indicated that the NTSB
should no longer negotiate these agreements. The Safety Board
participates as the official U.S. representative in foreign
aircraft accidents and the subject agreements focus on
accident/incident investigation and prevention. The bill
language would permit the NTSB to continue to initiate and
negotiate these training and technical service agreements, and
to recover the costs for the training and technical services.
The bill would also permit the Board to recover the costs
associated with reproducing and distributing its accident
reports and public dockets.

Estimated Costs

In accordance with paragraph 11(a) of Rule XXVI of the
Standing Rules of the Senate and Section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate by the Congressional Budget Office:

U.S. Congress,
Congressional Budget Office,
Washington, DC, June 28, 2000.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2412, the National
transportation Safety Board Amendments Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is James
O'Keeffe.
Sincerely,
Bary B. Anderson
(For Dan L. Crippen, Director).
Enclosure.

S. 2412--National Transportation Safety Board Amendments Act of 2000

Summary: S. 2412 would authorize the appropriation of $216
million for the National Transportation Safety Board (NTSB)
over the 2001-2003 period and would revise various NTSB
policies and procedures. The bill also would authorize the
appropriation of amounts necessary to replenish the NTSB
emergency fund due to future expenditures. Under the bill,
certain fees collected by the NTSB would be classified as
offsetting collections credited to appropriations. Finally, S.
2412 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.
Assuming appropriation of the specified amounts, CBO
estimates that implementing S. 2412 would result in
discretionary spending of $216 million over the 2001-2005
period. The bill would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. S. 2412
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 S. 2412 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).

----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars
-----------------------------------------------
2000 2001 2002 2003 2004 2005
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SPENDING SUBJECT TO APPROPRIATION

NTSB spending under current law:
Budget authority \1\........................................ 57 0 0 0 0 0
Estimated outlays........................................... 71 6 1 0 0 0
Proposed changes:
Authorization level......................................... 0 65 72 79 0 0
Estimated outlays........................................... 0 59 71 78 8 0
NTSB spending under S. 2412:
Authorization level \1\..................................... 57 65 72 79 0 0
Estimated outlays........................................... 71 65 72 78 8 0
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated for that year.

Basis of estimate: For this estimate, CBO assumes that the
amounts authorized by S. 2412 will be appropriated by the
beginning of each fiscal year. Estimated outlays are based on
historical spending by the beginning of each fiscal year.
Estimated outlays are based on historical spending patterns.
CBO estimates that provisions classifying certain proceeds from
training services, and the sale of publications as offsetting
collections would have no significant effect on discretionary
spending.
Based on historical use of the NTSB emergency fund, CBO
estimates that amounts required to replenish the emergency fund
would be less than $500,000 annually, subject to the
availability of appropriated funds.
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 amounts authorized in the bill for the
board.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: S. 2412
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Previous CBO estimate: On September 24, 1999, CBO
transmitted a cost estimate for H.R. 2910, the National
Transportation Safety Board Amendments Act of 1999, as ordered
reported by the House Committee on Transportation and
Infrastructure on September 23, 1999. H.R. 2910 and S. 2412 are
similar, but the Senate bill would authorize funding levels for
2001 through 2003 while the House bill extends only through
2002.
Estimate prepared by: Federal Costs: James O'Keeffe. Impact
on the State, Local, and Tribal Governments: Victoria Heid
Hall. Impact on the Private Sector: Jean Wooster.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.

Regulatory Impact Statement

In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation:

number of persons covered

The number of persons covered should be consistent with
current levels.

economic impact

No negative impact on the taxpayer is expected from this
bill. The bill authorizes appropriations similar to currently
appropriated levels. The Safety Board is also authorized to
collect reimbursements for certain costs associated with
training courses it conducts. These reimbursements would be
credited to the NTSB as off-setting collections.

privacy

The bill as reported would have no adverse impact on the
personal privacy of individuals.

paperwork

There should be no change in paperwork requirements.

Section-by-Section Analysis

Section 1. Short title

This section states the short title of the bill, the National
Transportation Safety Board Amendments of 2000.

Section 2. Definitions

This section clarifies that the NTSB's existing authority to
investigate accidents on the navigable waters or territorial
seas of the United States extends to the twelve-mile limit.
Jurisdiction to the twelve-mile limit is based on international
law, notably the 1982 United Nations Convention on the Law of
the Sea. In 1988, President Reagan extended the territorial sea
of the United States to twelve miles from the coast. NTSB
investigatory authority is expressed in terms of accidents on
the navigable waters or territorial sea of the United States.
The NTSB enabling law does not define territorial sea, and this
change would codify the 12-mile limit. In 1998, nearly
identical twelve-mile jurisdiction authority was affirmed for
the Coast Guard in its authorization. This section also
provides a technical change to the NTSB's authority, making it
consistent with the Coast Guard's jurisdiction. The provision,
however, does not affect the respective authorities of each of
the two agencies to carry out investigations.
The section also clarifies the NTSB's priority over accident
scenes. With the exception of major marine investigations,
investigations undertaken by the Safety Board are given
priority over any investigation by another department, agency,
or instrumentality of the United States Government (49 U.S.C.
1131(a)(2)).

Section 3. Authority to enter into agreements

This section clarifies the Board's existing authority to
enter into agreements with foreign countries for training and
technical assistance in safety regulation and aircraft
certification. The section authorizes the Board to charge
reasonable fees for the provision of these services and for the
expenses it incurs in the provision of the training and
technical assistance. The section requires the Board to
maintain an annual record of the collections received. The fees
collected would be credited to the appropriation of the Board
as offsetting collections under the provision.

Section 4. Overtime pay

The section gives the Board the authority to establish
reasonable rates of overtime pay for its employees directly
involved in accident-related work both on-scene and
investigative. The section caps a Board employee's overtime at
15 percent of the employee's annual rate of base pay.

Section 5. Recorders

The section requires the withholding from public disclosure
of voice and video recorder information for all modes of
transportation comparable to the protections already
statutorily provided for cockpit voice recorders (CVRs). While
language in the section prohibits the public disclosure of the
actual voice and video recorder information, it does allow the
NTSB to refer to the information when making safety
recommendations.

Section 6. Priority of investigations

The section creates procedures for NTSB to turn over its
investigation to the FBI when it appears that the accident was
caused by an intentional criminal act. The section also
requires the NTSB and the FBI to revise their 1977 agreement on
the investigation of accidents to take into account the
amendments made by the bill.

Section 7. Public aircraft investigation clarification

The section grants the NTSB the same authority in public
aircraft accident investigations that it currently has with
respect tocivil aviation accident investigations to enter
property where a transportation accident has occurred or wreckage from
the accident is located and to test components.

Section 8. Memorandum of understanding with the Coast Guard

The section requires the NTSB and the United States Coast
Guard to revise their investigation Memorandum of Understanding
governing major marine accidents, to redefine or clarify the
standards used to determine when the NTSB will lead a marine
accident investigation, and to develop new standards to
determine when a major marine casualty accident involves safety
issues related to the Coast Guard's safety functions.

Section 9. Travel budgets

The section authorizes the Chairman to establish annual
travel budgets to govern Board Member non-accident travel. Last
year, the NTSB Chairman announced the establishment of such
budgets and this section ensures that travel budgets will
continue to be annually prepared. Language in the section also
requires the Chairman of the Board to submit to the Senate
Committee on Commerce, Science, and Transportation and to the
House of Representatives Committee on Transportation and
Infrastructure an annual report accounting for foreign and
domestic travel, including personnel or other expenses,
associated with that travel.

Section 10. Chief Financial Officer

The section statutorily establishes a position of CFO at the
Board. The Board currently has a CFO, but the Board is one of
the few Federal agencies that is not statutorily required to
maintain this position. The section also requires the CFO to
report directly to the Chairman of the Board on financial
management matters and to provide guidance on the
implementation of asset management systems including property
and inventory control.

Section 11. Improved audit procedures

The section requires the NTSB to develop and implement
comprehensive internal audit controls for its financial
programs based on the findings and recommendations of a private
sector audit firm contract entered into by the Board in March
2000. The bill requires those reforms, at a minimum, to address
the Board's asset management systems, including systems for
cash and credit management, debt collection, and property and
inventory management and control.

Section 12. Authority of the Inspector General

The section authorizes the DOTIG to review only the business
and financial management of the NTSB. Currently, the Board has
no standing Inspector General oversight. The section is crafted
so that necessary fiscal accountability oversight is provided,
while prohibiting the DOTIG from becoming involved in NTSB
investigations and investigation procedures. The DOTIG would be
reimbursed by the NTSB for its work.

Section 13. Authorization of appropriations

This section authorizes $57,000,000 for FY 2000, $65,000,000
for FY 2001, $72,000,000 for FY 2002, and $79,000,000 for FY
2003. The section also raises the Board's emergency fund to
$2,000,000. This emergency fund authorization level is
commensurate with the amount that has been appropriated in
recent years.

Changes in Existing Law

In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, 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 material is printed
in italic, existing law in which no change is proposed is shown
in roman):

TITLE 49. TRANSPORTATION

SUBTITLE II. OTHER GOVERNMENT AGENCIES

CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD

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.

TITLE 49. TRANSPORTATION

SUBTITLE II. OTHER GOVERNMENT AGENCIES

CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER II. ORGANIZATION AND ADMINISTRATIVE

Sec. 1111. General organization

(a) Organization.--The National Transportation Safety Board
is an independent establishment of the United States
Government.
(b) Appointment of Members.--The Board is composed of 5
members appointed by the President, by and with the advice and
consent of the Senate. Not more than 3 members may be appointed
from the same political party. At least 3 members shall be
appointed on the basis of technical qualification, professional
standing, and demonstrated knowledge in accident
reconstruction, safety engineering, human factors,
transportation safety, or transportation regulation.
(c) Terms of Office and Removal.--The term of office of each
member is 5 years. An individual appointed to fill a vacancy
occurring before the expiration of the term for which the
predecessor of that individual was appointed, is appointed for
the remainder of that term. When the term of office of a member
ends, the member may continue to serve until a successor is
appointed and qualified. The President may remove a member for
inefficiency, neglect of duty, or malfeasance in office.
(d) Chairman and Vice Chairman.--The President shall
designate, by and with the advice and consent of the Senate, a
Chairman of the Board. The President also shall designate a
Vice Chairman of the Board. The terms of office of both the
Chairman and Vice Chairman are 2 years. When the Chairman is
absent or unable to serve or when the position of Chairman is
vacant, the Vice Chairman acts as Chairman.
(e) Duties and Powers of Chairman.--The Chairman is the chief
executive and administrative officer of the Board. Subject to
the general policies and decisions of the Board, the Chairman
shall--
(1) appoint, supervise, and fix the pay of officers
and employees necessary to carry out this chapter;
(2) distribute business among the officers,
employees, and administrative units of the Board; and
(3) supervise the expenditures of the Board.
(f) Quorum.--Three members of the Board are a quorum in
carrying out duties and powers of the Board.
(g) Offices, Bureaus, and Divisions.--The Board shall
establish offices necessary to carry out this chapter,
including an office to investigate and report on the safe
transportation of hazardous material. The Board shall establish
distinct and appropriately staffed bureaus, divisions, or
offices to investigate and report on accidents involving each
of the following modes of transportation:
(1) Aviation.
(2) Highway and motor vehicle.
(3) Rail and tracked vehicle.
(4) Pipeline.
(h) Chief Financial Officer.--The Chairman shall designate an
officer or employee of the Board as the Chief Financial
Officer. The Chief Financial Officer shall--
(1) report directly to the Chairman on financial
management and budget execution;
(2) direct, manage, and provide policy guidance and
oversight on financial management and property and
inventory control; and
(3) review the fees, rents, and other charges imposed
by the Board for services and things of value it
provides, and suggest appropriate revisions to those
charges to reflect costs incurred by the Board in
providing those services and things of value.
[(h)] (i) Seal.--The Board shall have a seal that shall be
judicially recognized.

Sec. 1113. Administrative

(a) General Authority.--
(1) The National Transportation Safety Board, and
when authorized by it, a member of the Board, an
administrative law judge employed by or assigned to the
Board, or an officer or employee designated by the
Chairman of the Board, may conduct hearings to carry
out this chapter, administer oaths, and require, by
subpena or otherwise, necessary witnesses and evidence.
(2) A witness or evidence in a hearing under
paragraph (1) of this subsection may be summoned or
required to be produced from any place in the United
States to the designated place of the hearing. A
witness summoned under this subsection is entitled to
the same fee and mileage the witness would have been
paid in a court of the United States.
(3) A subpena shall be issued under the signature of
the Chairman or the Chairman's delegate but may be
served by any person designated by the Chairman.
(4) If a person disobeys a subpena, order, or
inspection notice of the Board, the Board may bring a
civil action in a district court of the United States
to enforce the subpena, order, or notice. An action
under this paragraph may be brought in the judicial
district in which the person against whom the action is
brought resides, is found, or does business. The court
may punish a failure to obey an order of the court to
comply with the subpena, order, or notice as a contempt
of court.
(b) Additional Powers.--
(1) The Board may--
(A) procure the temporary or intermittent
services of experts or consultants under
section 3109 of title 5;
(B) make agreements and other transactions
necessary to carry out this chapter without
regard to section 3709 of the Revised Statutes
(41 U.S.C. 5);
(C) use, when appropriate, available
services, equipment, personnel, and facilities
of a department, agency, or instrumentality of
the United States Government on a reimbursable
or other basis;
(D) confer with employees and use services,
records, and facilities of State and local
governmental authorities;
(E) appoint advisory committees composed of
qualified private citizens and officials of the
Government and State and local governments as
appropriate;
(F) accept voluntary and uncompensated
services notwithstanding another law;
(G) accept gifts of money and other property;
(H) make contracts with nonprofit entities to
carry out studies related to duties and powers
of the Board; and
[(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
individuals and private entities and
departments, agencies, and instrumentalities of
the Government, State and local governments,
and governments of foreign countries for the
provision of facilities, accident-related
services or training in accident investigation
techniques, and require that such entities
provide appropriate consideration for the
reasonable costs of any facilities, services,
or training provided by the Board.
(2) The Board shall deposit in the Treasury amounts
received under paragraph (1)(I) of this subsection to
be creditedas offsetting collections to the
appropriation of the Board. The Board shall maintain an annual record
of collections received under paragraph (1)(I) of this subsection.
(c) Submission of Certain Copies to Congress.--When the Board
submits to the President or the Director of the Office of
Management and Budget a budget estimate, budget request,
supplemental budget estimate, other budget information, a
legislative recommendation, prepared testimony for
congressional hearings, or comments on legislation, the Board
must submit a copy to Congress at the same time. An officer,
department, agency, or instrumentality of the Government may
not require the Board to submit the estimate, request,
information, recommendation, testimony, or comments to another
officer, department, agency, or instrumentality of the
Government for approval, comment, or review before being
submitted to Congress.
(d) Liaison Committees.--The Chairman may determine the
number of committees that are appropriate to maintain effective
liaison with other departments, agencies, and instrumentalities
of the Government, State and local governmental authorities,
and independent standard-setting authorities that carry out
programs and activities related to transportation safety. The
Board may designate representatives to serve on or assist those
committees.
(e) Inquiries.--The Board, or an officer or employee of the
Board designated by the Chairman, may conduct an inquiry to
obtain information related to transportation safety after
publishing notice of the inquiry in the Federal Register. The
Board or designated officer or employee may require by order a
department, agency, or instrumentality of the Government, a
State or local governmental authority, or a person transporting
individuals or property in commerce to submit to the Board a
written report and answers to requests and questions related to
a duty or power of the Board. The Board may prescribe the time
within which the report and answers must be given to the Board
or to the designated officer or employee. Copies of the report
and answers shall be made available for public inspection.
(f) Regulations.--The Board may prescribe regulations to
carry out this chapter.
(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) 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).
(4) Annual report.--Not later than January 31, 2001,
and annually thereafter, the Board shall transmit to
the Senate Committee on Commerce, Science and
Transportation and the House Transportation and
Infrastructure a report identifying the total amount of
overtime payments made under this subsection in the
preceding fiscal year.

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

(a) General.--(1) 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
dentifiable 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.
(2) The Board shall deposit in the Treasury amounts
received under paragraph (1) to be credited to the
appropriation of the Board as offsetting collections.
(b) Trade Secrets.--
(1) The Board may disclose information related to a
trade secret referred to in section 1905 of title 18
only--
(A) to another department, agency, or
instrumentality of the United States Government
when requested for official use;
(B) to a committee of Congress having
jurisdiction over the subject matter to which
the information is related, when requested by
that committee;
(C) in a judicial proceeding under a court
order that preserves the confidentiality of the
information without impairing the proceeding;
and
(D) to the public to protect health and
safety after giving notice to any interested
person to whom the information is related and
an opportunity for that person to comment in
writing, or orally in closed session, on the
proposed disclosure, if the delay resulting
from notice and opportunity for comment would
not be detrimental to health and safety.
(2) Information disclosed under paragraph (1) of this
subsection may be disclosed only in a way designed to
preserve its confidentiality.
(3) Protection of voluntary submission of
information. Notwithstanding any other provision of
law, neither the Board, nor any agency receiving
information from the Board, shall disclose voluntarily
provided safety-related information if that information
is not related to the exercise of the Board's accident
or incident investigation authority under this chapter
and if the Board finds that the disclosure of the
information would inhibit the voluntary provision of
that type of information.
(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) if the Board holds a public hearing on
the accident or incident, 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 or incident are
placed in the public docket.
(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) Any report of a confirmed positive
toxicological test, verified as positive by a
medical review officer, conducted on an officer
or employee of the Department of Transportation
under post-accident, unsafe practice, or
reasonable suspicion toxicological testing
requirements of the Department, when the
officer or employee is reasonably associated
with the circumstances of an accident or
incident under the investigative jurisdiction
of the Board.
(B) Any laboratory record documenting that
the test is confirmed positive.
(2) Except as provided by paragraph (3) of this
subsection, the Board shall maintain the
confidentiality of, and exempt from disclosure under
section 552(b)(3) of title 5--
(A) a laboratory record provided the Board
under paragraph (1) of this subsection that
reveals medical use of a drug allowed under
applicable regulations; and
(B) medical information provided by the
tested officer or employee related to the test
or a review of the test.
(3) The Board may use a laboratory record made
available under paragraph (1) of this subsection to
develop an evidentiary record in an investigation of an
accident or incident if--
(A) the fitness of the tested officer or
employee is at issue in the investigation; and
(B) the use of that record is necessary to
develop the evidentiary record.
[(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) the Board shall release records
pertaining to such an investigation when the
country conducting the investigation issues its
final report or 2 years following the date of
the accident, whichever occurs first; and
(B) the Board may disclose records and
information when authorized to do so by the
country conducting the investigation.
(2) Safety recommendations.--Nothing in this
subsection shall restrict the Board at any time from
referring to foreign accident investigation information
in making safety recommendations.

Sec. 1115. Training

(a) Definition.--In this section, ``Institute'' means the
Transportation Safety Institute of the Department of
Transportation and any successor organization of the Institute.
(b) Use of Institute Services.--The National Transportation
Safety Board may use, on a reimbursable basis, the services of
the Institute. The Secretary of Transportation shall make the
Institute available to--
(1) the Board for safety training of employees of the
Board in carrying out their duties and powers; and
(2) other safety personnel of the United States
Government, State and local governments, governments of
foreign countries, interstate authorities, and private
organizations the Board designates in consultation with
the Secretary.
(c) Fees.--
(1) Training at the Institute for safety personnel
(except employees of the Government) shall be provided
at a reasonable fee established periodically by the
Board in consultation with the Secretary. The fee shall
be paid directly to the Secretary, and the Secretary
shall deposit the fee in the Treasury. The amount of
the fee--
(A) shall be credited to the appropriate
appropriation (subject to the requirements of
any annual appropriation); and
(B) is an offset against any annual
reimbursement agreement between the Board and
the Secretary to cover all reasonable costs of
providing training under this subsection that
the Secretary incurs in operating the
Institute.
(2) The Board shall maintain an annual record of
offsets under paragraph (1)(B) of this subsection.
(d) Training of Board Employees and Others.--The Board may
conduct training of its employees in those subjects necessary
for the proper performance of accident investigation. The Board
may also authorize attendance at courses given under this
subsection by other government personnel, personnel of foreign
governments, and personnel from industry or otherwise who have
a requirement for accident investigation training. The Board
may require non-Board personnel to reimburse some or all of the
training costs, and amounts so reimbursed shall be credited to
the appropriation [of the ``National Transportation Safety
Board, Salaries and Expenses''] of the Board as offsetting
collections.

[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, $42,400,000 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.
[(b) Emergency Fund.--The Board has an emergency fund of
$1,000,000 available for necessary expenses of the Board, not
otherwise provided for, for accident investigations. The
following amounts may be appropriated to the fund:
[(1) $1,000,000 to establish the fund.
[(2) Amounts equal to amounts expended annually out
of the fund.
[(c) Availability of Amounts.--Amounts appropriated under
this section remain available until expended.]

Sec. 1118. Authorization of appropriations

(a) In General.--There are authorized to be appropriated for
the purposes of this chapter $57,000,000 for fiscal year 2000,
$65,000,000 for fiscal year 2001, $72,000,000 for fiscal year
2002, and $79,000,000 for fiscal year 2003, such sums to remain
available until expended.
(b) Emergency Fund.--The Board has an emergency fund of
$2,000,000 available for necessary expenses of the Board, not
otherwise provided for, for accident investigations. Amounts
equal to the amounts expended annually out of the fund are
authorized to be appropriated to the emergency fund.

TITLE 49. TRANSPORTATION

SUBTITLE II. OTHER GOVERNMENT AGENCIES

CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER III. AUTHORITY

Sec. 1131. General authority

(a) General.--
(1) The National Transportation Safety Board shall
investigate or have investigated (in detail the Board
prescribes) and establish the facts, circumstances, and
cause or probable cause of--
(A) an aircraft accident the Board has
authority to investigate under section 1132 of
this title or an aircraft accident involving a
public aircraft as defined by section
40102(a)(37) of this title other than an
aircraft operated by the Armed Forces or by an
intelligence agency of the United States;
(B) a highway accident, including a railroad
grade crossing accident, the Board selects in
cooperation with a State;
(C) a railroad accident in which there is a
fatality or substantial property damage, or
that involves a passenger train;
(D) a pipeline accident in which there is a
fatality, substantial property damage, or
significant injury to the environment;
(E) a major marine casualty (except a
casualty involving only public vessels)
occurring on the navigable waters or
territorial sea of the United States, or
involving a vessel of the United States, under
regulations prescribed jointly by the Board and
the head of the department in which the Coast
Guard is operating; and
(F) any other accident related to the
transportation of individuals or property when
the Board decides--
(i) the accident is catastrophic;
(ii) the accident involves problems
of a recurring character; or
(iii) the investigation of the
accident would carry out this chapter.
[(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, theBoard shall
relinquish investigative priority to the Federal Bureau of
Investigation. The relinquishment of investigative priority by the
Board shall not otherwise affect the authority of the Board to continue
its investigation under this section.
(C) If a Federal law enforcement agency suspects and
notified the Board that an accident being investigated by the
Board under subparagraph (A), (B), (C), or (D) of paragraph (1)
may have been caused by an intentional criminal act, the Board,
in consultation with the law enforcement agency, shall take
necessary actions to ensure that evidence of the criminal act
is preserved.
(3) This section and sections 1113, 1116(b), 1133,
and 1134(a) and (c)-(e) of this title do not affect the
authority of another department, agency, or
instrumentality of the Government to investigate an
accident under applicable law or to obtain information
directly from the parties involved in, and witnesses
to, the accident. The Board and other departments,
agencies, and instrumentalities shall ensure that
appropriate information developed about the accident is
exchanged in a timely manner.
(b) Accidents Involving Public Vessels.--
(1) The Board or the head of the department in which
the Coast Guard is operating shall investigate and
establish the facts, circumstances, and cause or
probable cause of a marine accident involving a public
vessel and any other vessel. The results of the
investigation shall be made available to the public.
(2) Paragraph (1) of this subsection and subsection
(a)(1)(E) of this section do not affect the
responsibility, under another law of the United States,
of the head of the department in which the Coast Guard
is operating.
(c) Accidents Not Involving Government Misfeasance or
Nonfeasance.--
(1) When asked by the Board, the Secretary of
Transportation may--
(A) investigate an accident described under
subsection (a) or (b) of this section in which
misfeasance or nonfeasance by the Government
has not been alleged; and
(B) report the facts and circumstances of the
accident to the Board.
(2) The Board shall use the report in establishing
cause or probable cause of an accident described under
subsection (a) or (b) of this section.
(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.
(e) Accident Reports.--The Board shall report on the facts
and circumstances of each accident investigated by it under
subsection (a) or (b) of this section. The Board shall make
each report available to the public at reasonable cost.

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.

TITLE 49. TRANSPORTATION

SUBTITLE II. OTHER GOVERNMENT AGENCIES

CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER IV. ENFORCEMENT AND PENALTIES

[Sec. 1154. Discovery and use of cockpit voice and other material]

Sec. 1154. Discovery and use of 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) 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)] 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)] 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) Recorder.--The term ``recorder'' means a
voice or video recorder.
(B) Transcript.--The term ``transcript''
includes any written depiction of visual
information obtained from a video recorder.
(b) Reports.--No part of a report of the Board, related to an
accident or an investigation of an accident, may be admitted
into evidence or used in a civil action for damages resulting
from a matter mentioned in the report.