[Congressional Record Volume 145, Number 130 (Thursday, September 30, 1999)]
[House]
[Pages H9032-H9040]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS ACT OF 1999
The SPEAKER pro tempore (Mr. Quinn). Pursuant to House Resolution 312
and rule XVIII, the Chair declares the House in the Committee of the
Whole House on the State of the Union for the consideration of the
bill, H.R. 2910.
{time} 1123
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of 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, with Mr. Barrett of
Nebraska in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read for the first time.
Under the rule, the gentleman from Tennessee (Mr. Duncan) and the
gentleman from Illinois (Mr. Lipinski) each will control 30 minutes.
The Chair recognizes the gentleman from Tennessee (Mr. Duncan).
Mr. DUNCAN. Mr. Chairman, I yield myself such time as I may consume.
This bill before us today reauthorizes the National Transportation
Safety Board, the NTSB, for 3 years. The House needs to move forward
with this legislation because the Board's authorization expires at the
end of this fiscal year.
We are all familiar with the work of the Safety Board. It
investigates all aviation accidents as well as accidents in other modes
of transportation. The problems it uncovers and the recommendations it
makes often lead to changes that make travel safer for us all.
The bill before the House now would increase the authorized funding
levels for the Safety Board. Currently, the agency is receiving $54
million per year. This bill would increase that amount to $57 million
in fiscal year 2000, $65 million in 2001, and $72 million in 2002.
These are substantial increases in the second and third years, but the
funding levels in these last 2 years are much less than the Board had
sought. They seem to be necessary to provide the Board with the
employees and the training to keep up with rapidly changing technology.
Also, as the agency's budget increases, it is becoming more important
that it be subject to the proper level of oversight. Therefore, for the
first time this bill will give the Inspector General the authority to
review the business and financial management of the NTSB. With this
provision, we do not mean to imply that there is anything improper
going on. We are merely treating the NTSB the same as other agencies
which are subject to Inspector General review.
There are several other provisions in this bill worth noting. The
first makes clear that the 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 Presidential Proclamation
5928 and with the Coast Guard's jurisdiction.
The second change authorizes the NTSB to enter into agreements with
foreign governments for the provision of technical assistance and to be
reimbursed for those services which the NTSB provides. The NTSB
requested that this be clarified.
The bill would also permit the NTSB to pay time-and-a-half to its
employees who work overtime on an accident investigation. These
employees sometimes are called unexpectedly to work in difficult
conditions during nights and weekends. This provision would fairly
compensate them for that. Employees in the private sector usually
receive time-and-a-half when they work overtime. However, I know that
overtime provisions have been abused at other agencies. Therefore, the
overtime provision in this bill is subject to two limitations to ensure
that such abuse does not occur at the Safety Board, and it should be
done in other agencies. These limitations are that an employee cannot
get more than 15 percent of his base yearly salary in any year, and the
NTSB cannot pay more than $570,000, or 1 percent of their authorized
amount, per year total under this section. Moreover, overtime pay would
be subject to an annual reporting requirement to ensure the committee's
continued oversight of this issue. The NTSB had requested even more
authority in the personnel area but indicated that it was the overtime
issue addressed here that it is most interested in.
Another important provision, Mr. Chairman, in this bill is the
section that ensures confidentiality of video recorders on aircraft and
of voice and video recorders on surface vehicles. The NTSB requested
this change in case these new technologies are installed in the future.
We take no position on whether these recorders should be installed. We
merely want to make sure that if recorders are installed, the
information on them is used only for safety purposes and not generally
released for sensational purposes or to invade the privacy of the
operators.
The bill once again makes clear that the NTSB safety investigation
takes priority over other investigations of the same accident. However,
there is a carefully negotiated procedure in the bill for the NTSB to
turn over its investigation to the FBI when the FBI notifies the Board
that the accident may have been caused by a criminal act.
Finally, the bill directs the FAA to install a terminal Doppler
weather radar at the former Coast Guard station in Brooklyn, New York.
The FAA has already decided that this is needed for the safety of all
air travelers but we want to make sure that nothing else holds this up.
The need for this provision arose out of our hearing on aviation and
weather accidents in July.
{time} 1130
There it was revealed that the Park Service was objecting to the
placement of this equipment which would very much enhance safety at
LaGuardia and Kennedy airports. The Park Service has since backed down
from its objection, but we want to keep pressure on them to make sure
that important safety equipment is installed as quickly as possible.
Mr. Chairman, I believe this bill gives the NTSB the tools it will
need to carry it into the next century. I urge the House to support
this legislation.
Mr. Chairman, I reserve the balance of my time.
Mr. LIPINSKI. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I rise today in strong support of H.R. 2910, the
National Transportation Safety Board Amendments Act of 1999. H.R. 2910
is a bipartisan bill that reauthorizes the NTSB for 3 years so it can
continue to play a critical role in ensuring the safety of our Nation's
transportation system.
The NTSB is an independent agency that investigates transportation
accidents and promotes safety for transportation. It investigates
accidents in all of transportation's various modes: Aviation, highway,
transit, maritime, railroad, and pipeline and hazardous material
transportation and makes recommendations on ways in which to improve
safety. In the last 3 years alone, the board has investigated more
[[Page H9033]]
than 7,000 accidents and issued 57 major reports. The board has also
issued more than 1100 safety recommendations. These recommendations,
many of which have been adopted, have greatly increased the safety of
each mode of transportation.
To maintain its position as the world's preeminent investigative
agency, it is imperative that the National Transportation Safety Board
has the resources necessary to handle increasingly complex incident
investigations. H.R. 2910 ensures that by increasing the National
Transportation Safety Board's funding steadily and sensibly over the
next 3 years, $57 million in fiscal year 2000, 65 million in fiscal
year 2001, and 72 million in fiscal year 2002. This funding will be
used to permit the NTSB to hire more technical experts as well as to
provide better training for its current work force. Dramatic changes in
technology demand such an investment.
The bill also addresses the issues of coordination among
investigative agencies. As we have learned from the tragic TWA 800
crash, accident scenes can often be chaotic with many local, State, and
Federal investigators, agencies on the scene. This is especially true
where accidents are not only being investigated for probable cause, but
also when criminal activity is suspected. Proper coordination among
these various investigative agencies is extremely important.
This bill reaffirms the National Transportation Safety Board's
priority over an accident scene unless the attorney general, in
consultation with the NTSB chairman, determines that the accident may
have been caused by a criminal act. In that case the National
Transportation Safety Board would relinquish its primary investigative
authority over the scene.
I strongly support H.R. 2910, and I urge my colleagues to vote in
favor of this bill.
Mr. Chairman, I reserve the balance of my time.
Mr. DUNCAN. Mr. Chairman, I have no other speakers at this time, so I
simply reserve the balance of my time.
Mr. LIPINSKI. Mr. Chairman, I yield such time as he may consume to
the gentleman from Minnesota (Mr. Oberstar), the ranking member of the
full committee.
(Mr. OBERSTAR asked and was given permission to revise and extend his
remarks.)
Mr. OBERSTAR. Mr. Chairman, I thank the gentleman for yielding this
time to me.
Mr. Chairman, the National Transportation Safety Board is the
Nation's premier safety agency. Our highways are safer, our airways are
safer, our railroads are safer, our maritime commerce is safer because
of the work of the National Transportation Safety Board year in and
year out, going back as far as 1926 when the Air Commerce Act vested in
the Department of Commerce the authority to investigate aircraft
accidents, an initiative, I might add, spearheaded by a leader in
government who later was known or best known for other things that
happened in the country. Herbert Hoover, as an Assistant Secretary of
Commerce, championed aviation but also realized that if we did not act
as a government to set national standards to make aviation safe and
reliable, that there could not be commercial growth in this new mode of
transportation. And he was the champion for aviation safety. The Nation
owes him a debt of gratitude for that leadership.
Since those years and on to the creation of the Department of
Transportation in 1966, the role of overseeing safety was lodged
largely within the various modes of transportation. In 1966, Congress
acted to create a Department of Transportation, and I was a member of
the staff of the chairman, the Honorable John Blatnik, who was chairman
of the Executive Branch Reorganization subcommittee that created the
Department of Transportation and crafted an independent safety board
but left it within the Department.
We realized 6 months after the Department had been created, that this
was not going to work, that it would create the appearance of the
Department and its several modal administrations investigating
themselves. So we separated out from the Department of Transportation
the Safety Board, created a National Transportation Safety Board, and
in 1974 further strengthened that board, giving it greater
independence.
The true significance of this board is that its investigations are
independent. They are conducted by a staff of highly-trained, skilled,
gifted, talented, hard-working professionals. The findings and the
conclusions of the board stand above reapproach. Their recommendations
to the modal administrations are normative, not burdened by cost-
benefit analysis. Their obligation is simply to recommend as
improvements in safety what the board in its judgment, in the judgment
of its professional staff and its board members, believe to be in the
highest best interests of safety. It is then up to the rulemaking
process of the modal administration to sort out the costs and the
benefits, and that is why the board stands in such high regard
throughout all modes of transportation within the United States, with
the traveling public and with other countries.
Since its establishment in 1966, the board has investigated over
100,000 aviation accidents and 10,000 surface transportation accidents
and hundreds more railroad and maritime issues. The work of this board
deserves the support that we give it in this legislation with
additional funding, with increased staffing, with authority to pay
overtime, with support in the legislation to strengthen the agreement
between NTSB and the Inspector General of the Department of
Transportation. Yes, even the NTSB needs oversight of its financial
management and business operations and long ago concluded an agreement
with the I.G. to undertake such activity. The authority we provide in
this legislation will ensure that the money we invest in the board is
well spent and that potential for fraud and abuse is reduced or
eliminated.
Mr. Chairman, there are a number of other items that I would like to
address, and in order to save time I ask unanimous consent to revise
and extend. I would like to concentrate on just one issue and that is
Coast Guard safety functions.
On May 1, an amphibious vessel sank in Arkansas killing 13 people.
The Coast Guard had just inspected the vessel, had ordered the owner to
install bilge alarms, but it failed to ensure that the vessel owner had
indeed complied with the Coast Guard order. Despite this apparent
conflict of interest, the Coast Guard led the investigation of that
accident. Under no circumstances should the Coast Guard or any Federal
Government agency unilaterally decide when it has a conflict of
interest and when it should investigate its own decision and its own
actions. We do not allow this in aviation; we do not allow it in any
other mode of transportation; and we should not allow it here.
I am concerned about the process of the Coast Guard in conducting
accident investigations. The NTSB has told us that when the Coast Guard
convenes a formal board of investigation, it is very difficult for the
board to obtain information that the board can verify as accurate. The
open nature of the formal Coast Guard board can also affect witness
testimony or recollection of events because such proceedings allow
witnesses to hear each others' testimony.
After discussing these concerns with Admiral Loy, the Commandant of
the U.S. Coast Guard, we reached an understanding these issues could be
addressed administratively without specific legislative change.
Language included in the committee report to accompany H.R. 2910 is
intended to provide guidance for both the Coast Guard and the NTSB to
address these concerns. In short, we mean for them to get together and
resolve the issue of primacy in an investigation and timing. If that
issue is not resolved between the two, I assure both parties this
committee will come back and address it legislatively.
All in all this is an excellent piece of legislation, it moves the
cause of safety significantly ahead; it strengthens the role of the
NTSB. I commend the gentleman from Tennessee (Mr. Duncan) for the
extensive work that he has contributed to the formulation of this bill
and to the ranking member, the gentleman from Illinois (Mr. Lipinski)
for the diligent effort that he has invested in the formulation of the
legislation.
Mr. Chairman, I rise in strong support of H.R. 2910, the National
Transportation Safety
[[Page H9034]]
Board Amendments Act of 1999. H.R. 2910 reauthorizes the NTSB for three
years so it can continue to play a critical role in ensuring the safety
of the United States transportation system.
This agency's roots stem as far back as 1926 when the Air Commerce
Act vested the Department of Commerce with the authority to
investigative aircraft accidents. During the 1966 consolidation of
various transportation agencies into the Department of Transportation
(DOT), the NTSB was created as an independent agency within DOT to
investigate accidents in all transportation modes. In 1974, in further
resolve to ensure that NTSB retain its independence, Congress
reestablished the Board as a totally separate entity distinct from DOT.
Since that time, the NTSB has investigated more than 100,000 aviation
accidents, and more than 10,000 surface transportation accidents. The
American travelling public is much safer today due to the hard work of
the NTSB staff in conducting investigations and pursuing safety
recommendations.
In the last three years alone, the Board has investigated more than
7,000 accidents and issued 57 major reports covering all transportation
modes (aviation, highway, transit, maritime, railroad, and pipeline/
hazardous materials). The Board has also issued more than 1,100 safety
recommendations--many of which have been adopted by Congress, federal,
state and local governments, and the affected industries.
The NTSB's tireless efforts in investigating accidents and issuing
recommendations have led to innovative safety enhancements, such as
manual cutoff switches for airbags, to measures to prevent runway
incursions, to countermeasures against operator fatigue in all modes of
transportation. In addition, the NTSB has promoted the installation of
more sophisticated voice recorders to enhance its ability to
investigate aircraft accidents.
Despite a small workforce of approximately 370 full-time employees,
the NTSB has provided its investigative expertise in thousands of
complex aviation accidents--including its painstaking review of the TWA
800 crash. The NTSB is also frequently called upon to assist in
aviation accident investigations in foreign countries. The demand upon
this small agency, with its highly trained, professional staff, will
only grow with the aviation market's ever-increasing globalization. In
addition, according to a preliminary analysis by the RAND Corporation,
new technological advances in all modes of transportation--from glass
cockpits in aviation to sophisticated electronic alerting devices in
the railroad industry--will require more extensive training for NTSB
investigators.
To maintain its position as the world's preeminent investigative
agency, it is imperative that the NTSB has the resources necessary to
handle the increasingly complex accident investigations. H.R. 2910
ensures that by increasing NTSB's funding steadily and sensibly over
the next three years: $57 million in FY 2000; $65 million in FY 2001;
and $72 million in FY 2002. This funding will be used to permit NTSB to
hire more technical experts as well as to provide better training for
its current workforce. Dramatic changes in technology demand such an
investment.
However, with this increase in funding also comes the requirement to
strengthen the oversight of financial matters at the agency. H.R. 2910
vests the DOT's Inspector General with the authority to review the
financial management and business operations of the NTSB. This will
help ensure that money is well spent and the potential for fraud and
abuse is reduced. The DOT Inspector General's authority is specifically
limited to financial matters, however, so as not to undermine the
NTSB's independence.
Equally important, H.R. 2910 provides the NTSB with the authority to
grant appropriate overtime pay to all of its accident investigators
while on-scene. These competent individuals are oftentimes called upon
to work upwards of 60, 70 or 80 hours per week in extreme conditions--
whether in the swamps of the Florida everglades or the chilly waters
off the Atlantic ocean--side-by-side with other federal agency
investigators--many of whom are paid for extra hours worked. Moving to
this type of parity is the least that we can do to show our
appreciation for the efforts of these dedicated professionals.
As we have learned from the tragic TWA 800 crash, accident scenes can
often be chaotic with many local, state, and federal investigative
agencies on scene. This is especially true where accidents are not only
being investigated for probable cause--but also when criminal activity
is suspected. Proper coordination between these various investigative
agencies performing very important, albeit very different, functions is
of paramount importance. H.R. 2910 reaffirms NTSB's priority over an
accident scene unless the Attorney General, in consultation with the
NTSB chairman, determines that the accident may have been caused by an
intentional criminal act. In that case, the NTSB would relinquish its
priority over the scene--but such relinquishment will not, in any way,
interfere with the Board's authority to continue its probable cause
investigation.
One issue of concern to me is the NTSB's ability to investigate major
marine casualties. Currently, both the NTSB and the Coast Guard have
joint authority to conduct investigations of major marine casualties. I
have two concerns about the current process. First, under the existing
regulations and the Memorandum of Understanding, the Coast Guard must
agree to allow the NTSB to have the lead in casualties that involve
significant safety issues relating to Coast Guard safety functions.
On May 1, an amphibious vessel sank in Arkansas killing 13 people.
Although the Coast Guard had just inspected the vessel and ordered the
owner to install bilge alarms, it failed to ensure that the vessel
owner complied with its order. Despite this apparent conflict of
interest, the Coast Guard led the investigation. Under no circumstances
should the Coast Guard be able to unilaterally decide when it has a
conflict of interest. We do not allow this in aviation or any other
transportation safety investigation and should not allow it here.
Second, I am concerned about the Coast Guard's process in conducting
accident investigations. According to the NTSB, once the Coast Guard
convenes a formal board of investigation, it is very difficult to
obtain information that you can be sure is accurate. The open nature of
the formal board can affect witness testimony or recollection of events
because such proceedings allow for witnesses to hear each other's
testimony.
After discussing these concerns with Admiral Loy, the Commandant of
the Coast Guard, it was agreed that both of these issues could be
addressed administratively without a specific legislative change.
Language included in the Committee Report to H.R. 2910 is intended to
provide guidance to both Coast Guard and the NTSB to address these
concerns.
Having a well funded, well-trained NTSB workforce to meet the
challenges of the 21st Century is of the utmost importance for the
American travelling public. I urge my colleagues to support this
critical piece of legislation, and I compliment Chairman Shuster,
Chairman Duncan and Ranking Member Lipinski for their efforts.
Mr. LIPINSKI. Mr. Chairman I yield 5 minutes to the gentlewoman from
Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the ranking member
and the chairman for listening to the concerns that I have with respect
to a series of incidences that have occurred actually in my district.
First of all, I want to associate myself with the supporters of this
legislation. As I listened to the remarks of the gentleman from
Minnesota (Mr. Oberstar), I am reminded of when the tragedies of any
kind of transportation incident or accident occurs, you sort of look to
the NTSB, the board, to come in like the Red Cross or those angels of
assistance to clarify what happened and particularly if there is loss
of life, and we always hear the news as they come in and there is a
sigh of relief from the respective communities because, as my
colleagues know, this group of experts will be assisting in determining
the true facts of what occurred.
I would almost hope that I did not have to rise today, Mr. Chairman,
but it has been enormously difficult for my community. I represent an
urban community with a number of interstate routes that go throughout
it, and particularly in my minority community.
I was to offer, or was intending to offer, an amendment today that
would have asked that we look at or should include the National
Transportation Safety Board's recommendation that I understand they had
offered regarding recording devices in trucks.
{time} 1145
That kind of device, similar to a black box in airplanes, could
provide a tamper-proof mechanism that could be used or can be used for
accident investigation and to enforce the hours of service regulation.
Mr. Chairman, I would like to speak to the issue of the accident
aspect of that technology and would hope that maybe if it is not today,
since I hope to be working with the members of this committee, that
maybe we can look at the motor carrier bill and be able to include
language on this particular issue.
Mr. Chairman, let me share with you a headline. ``Jurors left in
tears at wreck trial. Widow describes freeway horror,'' in my district.
``In tearful, highly charged testimony, a woman told Tuesday of the
horror of seeing
[[Page H9035]]
her husband and three children die after a truck crushed their sport
utility vehicle on a Houston freeway ramp.''
Mr. Chairman, it was a family made in heaven, if you will. Having
picked up her husband from the airport, probably hearing the
discussions of his travel, happily going home, and a truck turns a
curve on an interstate freeway, falls over, the woman is expelled from
the truck, and she has to watch her three young babies and her husband
burn to death.
``Trucks-cars prove to be a deadly mix on freeways.'' Another one
that happened on Interstate 45. A tanker truck veered into oncoming
traffic and drivers across the city shuddered as a tragedy resulted in
that accident as well.
I have had about 10 of these back to back during the summer. ``Tanker
rig flips, trucker perishes in fiery crash.'' This was an overpass
that, in addition to the tragic loss of the trucker, as a witness said,
``All I saw was the cab of the truck bounce and the whole thing rolled
over.'' An eyewitness said the truck flipped and then burst into flames
almost instantly. It is not only the terrible loss of the trucker's
life, but the shutdown of that freeway for many, many, many months,
thereby denying access of transportation to many of my constituents and
the citizens of Houston.
Tanker truck firm sued in crash that killed infant and father, whose
5 year old son died in collision. It talks about the negligence. The
collision killed 9-month-old Lisa Patrice Pete and half brother Jerry
Andrew Morino.
I can only say, Mr. Chairman, that I think as we all acknowledge the
importance of the National Transportation Safety Board and the
importance, if you will, of its work in these amendments, I would hope
that we also will look to some of the recommendations that they have
made with respect to the technology of a recording device. It is
important that we note whether or not in determining the accident as
well, whether or not a trucker has been driving too long, whether or
not there has been any falsification of records. I am going off on
other issues that may have an impact on tragic accidents like this.
But the one thing I can tell you is when these trucks go through
crowded urban areas, when they are going through cities, and I realize
they have deadlines and responsibilities, Mr. Chairman, I would simply
say to you that we must look to the protection of those residents that
live in that area.
I hope this language that I would have offered could be language that
we could consider. I understand it was a recommendation by the board. I
would inquire of the gentleman from Illinois (Mr. Lipinski) about the
opportunity to work with him to protect our communities.
Mr. Chairman, I rise to discuss my proposed amendment to H.R. 2910.
Nearly 5,000 people are killed in truck related accidents in each of
the past three years on our nation's highways. There are many agencies
within our government that have a shared responsibility for safety on
our nation's highways, including the Transportation Department, the
NTSB and the Federal Highway Administration. But despite much talk and
discussion, several hearings, and meetings over improving trucking
safety we have had little action aimed at improving safety.
What we do have is accident after accident involving truck drivers
who are too tired and even drunk. A total of 5,374 people died in
accidents involving large trucks which represents 13 percent of all the
traffic fatalities in 1998 and in addition 127,000 were injured in
those crashes.
In Houston, Texas, a man (Kurt Groten) 38 years old and his three
children David, 5, Madeline, 3, and Adam, 1, were killed in a horrific
accident when a 18-wheel truck crashed into their vehicle. His wife was
the only survivor of the crash, testified in criminal proceedings
against the driver last week stating ``I saw that there was a whole 18-
wheeler on top of our car. . . . I remember standing there and
screaming, `My life is over! All of my children are dead!' ''
In Galveston, a 5-year-old boy (Jerry Moreno and his 9-month old
sister, (Lisa) were killed in an accident when the vehicle driven by
their father was struck by an oncoming truck.
These are only a few examples of the thousand of terrible and fatal
trucking accidents that are caused every year on our nation's roads and
highways.
My amendment/resolution would require that data recorders similar to
the black boxes found on airliners be carried in trucks. The NTSB has
pushed for this technology as a means of verifying the hours drivers
work since 1990. Currently truck drivers must comply with the federal
government's 60-year-old rule that they take eight hours of rest for
every 10 behind the wheel.
Truckers are required to maintain logbooks for their hours of
service. But truckers have routinely falsified records, and many
industry observers say, to the point that they are often referred to as
``comic books.'' In their 1995 findings the National Transportation
Safety Board found driver fatigue and lack of sleep were factors in up
to 30 percent of truck crashes that resulted in fatalities. In 1992
report the NTSB reported that an astonishing 19 percent of truck
drivers surveyed said they had fallen asleep at the wheel while
driving. Recorders on trucks can provide a tamper-proof mechanism that
can be used for accident investigation and to enforce the hours-of-
service regulations, rather that relying on the driver's handwritten
logs.
Mr. Chairman, I know that the trucking industry is concerned by the
added cost of the recorders. I also appreciate the fact that close to
eighty percent of this country's goods move by truck and that the
industry has a major impact on our economy. But can we afford to put
pocket before safety? Ask your selves where we would be without
recorders in commercial aviation, rail, or the marine industry? I think
that I have a good idea what the answer is, we would not know what
caused that accident nor would we be able to learn from our mistakes.
Mr. Chairman, there is no good reason that we should not adhere the
advice of the NTSB and require these recorders on the trucks that
navigate our highways. Putting our pockets before safety is simply
foolish when the technology exits today which could save the lives of
the constituents we represent.
Mr. Chairman, let us vote today to put action behind our discussion.
[From the Houston Chronicle, March, 18, 1999]
Trucks, Cars, Prove To Be a Deadly Mix on Freeways
Big truck, little cars, nowhere to go.
It happened again Tuesday when three people died on
Interstate 45-North. A tanker truck veered into oncoming
traffic and drivers across the city shuddered.
Some were upset because of the mix of trucks and cars on
area roadways. Others were mad because the stretch of freeway
where the accident happened is notorious for crashes.
The collision is the latest in a string of well-publicized
accidents involving trucks, such as the Feb. 12 Gulf Freeway
crash that killed four.
Large trucks drive less than 5 percent of the vehicle-miles
on Harris County roadways, according to the Houston-Galveston
Area Council.
At fault or not, they are involved in 9 percent of the
fatal collisions, according to the Texas Department of Public
Safety statistics for 1995-97.
By comparison, passenger cars drive 70 percent of local
miles traveled but were involved in only 63 percent of fatal
collisions.
Several experts said that every accident is unique in terms
of who deserves the blame. Cars have many more accidents per
mile driven than trucks, but trucks cause more deaths when
they do crash, because of their size and weight.
While the crash victims Tuesday couldn't escape the out-of-
control truck, the experts said one thing often found in car-
truck accidents is lack of understanding by car drivers of
how much space a truck needs.
``The commercial driver is a trained driver. The person in
a passenger car may know how his car handles, but he has no
idea how a truck handles,'' said Pasadena police Sgt. Loni
Robinson, who runs the city's truck inspection program.
An 18-wheeler cannot see tailgating drivers. At 55 mph, a
fully loaded truck needs the length of a football field to
make an emergency stop--twice as long as a passenger car
going the same speed.
In Houston, when a responsible truck driver tries to leave
extra room in front of his rig, several cars likely will zip
in front of him and close up the space.
Even the best trucker will be forced to give up and drive
too closely to a vehicle ahead, said B.L. Manry, safety
director at Palletized Trucking of Houston and a national
board member of the American Trucking Association's Safety
Management Council.
Manry stressed that he is not an industry apologist.
``Let's face it, there's a lot of outlaws out there,'' he
said.
____
[From the Houston Chronicle, Sept. 29, 1999]
Jurors Left in Tears at Wrecktrial/Widow Describes Freeway Horror
(By Steve Brewer)
In tearful, highly charged testimony, a woman told Tuesday
of the horror of seeing her husband and three children die
after a truck crushed their sport utility vehicle on a
Houston freeway ramp.
``I saw that there was a whole 18-wheeler on top of our car
. . . I remember standing there and screaming `My life is
over! All of
[[Page H9036]]
my children are dead!' '' Lisa Groten told jurors.
By the time the window finished testifying, many in the
packed courtroom were sobbing. Tears welled in the eyes of at
least two jurors.
Hers was the first testimony in the trial of Jose Coronado
Martinez, 35, who is charged with four counts of intoxicated
manslaughter in the deaths of Kurt David Groten, 38, and his
children, David, 6, Madeleine, 4, and 11-month-old Adam.
If convicted, Martinez, a native of El Salvador, could get
four consecutive 20-year sentences.
Lisa Groten has just picked her husband up at Hobby Airport
the night of June 29, and had brought their children along,
clad in their pajamas.
``I remember thinking, `It's a pretty night out and there's
no need to hurry home. We'll put the kids to bed when we get
home,' '' she testified.
Kurt Groten had been in Austin on a business trip. Lisa,
after a busy day of swimming lessons reading and playing with
the children, put them in the family's Ford Expedition to
pick him up because they all wanted to see him so badly.
The couple married in 1987 and their first two children
were the result of vitro fertilization and artificial
insemination. Adam was conceived naturally.
Prosecutor Warren Diepraam said in his opening remarks that
Kurt Groten had offered to take a taxi home that night, but
his wife and the kids decided to pick him up instead.
The children had eaten at their favorite restaurant and
were ready for bed when their father got behind the wheel at
Hobby. Things got quiet after talk of the trip died down and
Lisa Groten said she was looking forward to a quiet evening.
As they headed up an entrance ramp to U.S. 59, Lisa Groten
looked at her husband.
``He had both hands on the wheel and I was watching his
face,'' she said, ``We were talking and I saw something
through the windshield and I didn't know what it was . . . I
felt the impact. It was like a crushing impact. I believe
Kurt cried out. I remember saying, `Kurt, we need to pray.'
''
The impact was Martinez's truck falling into their Ford
Expedition. Testimony later showed Martinez has swerved into
Groten's lane, then swerved back into his own, causing the
rig's load of office supplies to shift and tipping it over.
Breath tests later showed that Martinez, who was not hurt,
had a blood-alcohol level of 0.12 exceeding the then-legal
limit of 0.10.
Lisa Groten remembers saying again and again that the
family must pray. Because her section of the Expedition was
not completely crushed, Houston police Sgt. John Norwood was
able to help her get out.
But her husband was hopelessly pinned. Lisa said she looked
at the back of the car, but couldn't see her children, only
the crumpled roof.
As the vehicle started to catch fire, she went back to the
vehicle to be with her injured husband. She held his hand
while be begged Norwood and others to rescue his children.
``He just kept saying, `Jesus, please take me to heaven.
Jesus, please take me to heaven,' '' Lisa Groten said.
She was finally pulled away as the flames, fueled by the
office supplies, kicked up and the smoke got dense. She said
she didn't want to leave because her place was with her
husband.
``It was so surreal. It shouldn't happen to anybody,'' she
said. ``I just kept thinking my husband and all my children
died, just so fast like that,'' she testified. ``It was just
beyond my comprehension. It still is.''
Despite the efforts of the police, tow truck drivers,
passers-by, firefighters, and paramedics, Kurt Groten and the
children couldn't be extracted from the burning vehicle in
time.
Diepraam told jurors that Kurt Groten had died of smoke
inhalation.
Postal worker Walter Wilson, who saw the accident and
stopped to help, wept as he told jurors of hearing the
children's cries and Kurt Groten's pleas for help.
``He was telling me to get his kids out,'' Wilson said.
But an explosion of flames stopped all those efforts, he
said, and the children were quiet after a few seconds.
Testimony continues today in state District Judge Ted Poe's
court. In opening arguments, Martinez's attorney, Jon A.
Jaworski, said the crash was just a tragic accident and that
police botched the investigation.
____
[From the Houston Chronicle, Sept. 27, 1999]
Trial Begins for Driver in Fiery Crash/Lawyer, 3 Children Died in 18-
Wheeler Accident
(By Steve Brewer)
Jury selection starts today in the trial of an accused
drunken driver whose 18-wheeler killed a Houston lawyer and
his three small children on June 29 when it crushed their
sport utility vehicle.
Testimony in the case of Jose Coronado Martinez, 35, could
start by Tuesday in state District Judge Ted Poe's court.
Prosecutors are seeking a maximum of 80 years in prison for
the native of El Salvador.
Both sides are expected to give jurors vastly different
views of the fiery crash that shattered a local family in
what has shaped up to be a complex, high-profile case.
Defense attorney Jon A. Jaworski said he will prove the
tragedy was an unfortunate accident, that police botched the
investigation and that his client is a scapegoat in a
political game of revenge to get even with truckers who are
often involved in freeway accidents.
Prosecutor Warren Diepraam scoffed at that and said he's
sure jurors will find Martinez guilty of the four charges of
intoxicated manslaughter that he faces.
``Their case is still, `I'm the victim and I didn't do
anything wrong.' We'll give him a chance to put up or shut
up,'' Diepraam said. ``I think the evidence is going to show
to a rational jury who the real person at fault is and who
the real victim is. It ain't Jose Martinez.''
Martinez's truck, which was carrying a load of office
supplies, crushed the Ford Expedition carrying the Groten
family on an entrance ramp to U.S. 59.
Killed were Kurt David Groten, 38, and his children, David,
5, Madeleine, 3, and Adam, 1.
Kurt Groten's wife, Lisa Kay Groten, 36, was the only
survivor. Diepraam said she will testify in the trial.
Lisa Groten had picked her husband up at Hobby Airport, and
the family was en route home on the Gulf Freeway when the
fatal crash occurred.
Police said Martinez's truck and the Grotens' vehicle were
side-by-side on the ramp.
Martinez was going too fast, lost control and his rig hit a
guardrail, causing it to lift, police have said. As his tires
came down, Martinez swerved and Kurt Groten honked at him.
But the swerve apparently caused Martinez's load to shift,
making his truck tilt, all but crushing the Expedition,
police said. Passers-by tried in vain to fight the ensuing
blaze and pull the family from the burning wreckage.
Diepraam said Kurt Groten was yelling for them to save his
children and that Martinez staggered from his truck and was
arrested after an officer smelled alcohol on him.
Two breath tests conducted later showed that Martinez's
blood-alcohol level was 0.11 and 0.12 percent. At the time, a
driver was considered legally drunk in Texas at 0.10.
The law has since changed and the standard is now 0.08. But
in this case, the old mark will be used.
Jaworski said the official version of events has been
obscured and that his client has been unfairly demonized.
``I think this is basically a case where they want to make
an example of truck drivers that are causing accidents,''
Jaworski said. ``This accident could have happened to anyone,
whether there was alcohol involved or not . . .
Unfortunately, the Grotens were just in the wrong place at
the wrong time.''
Jaworski said his client was not speeding and that he was
cut off by an unidentified driver who fled the scene. He said
Martinez told that to a witness at the scene minutes after
the accident.
Also, the machine used to conduct the breath tests was not
working properly, Jaworski said, and police lied about
Martinez's conduct after the crash.
Houston police also didn't follow proper procedure by not
getting a blood sample from the defendant, said Jaworski, who
acknowledged that his client had a ``couple of beers''
earlier that day.
Jaworski said Martinez tried to help the family, but was
told to stay back by officers at the scene.
Martinez's truck and the trailer he was pulling was also in
bad mechanical condition, Jaworski said. The trailer was
loaded improperly and needed repair, and so did Martinez's
rig.
Jaworski said he will rely on expert testimony to show the
bad condition of the truck and he added that Martinez himself
might even take the stand.
In addition to Groten's testimony and accounts from
officers at the scene and others, Diepraam could also rely on
expert testimony.
As for Jaworski's claims that the police lied or didn't
follow proper procedure in the case, Diepraam said: ``We'll
have evidence to show that everything was working just fine,
that there were no problems with the police investigation,
the Intoxilyzer or the police officers, and that the only
person who has a motive to lie is the defendant.''
Diepraam also said he believes that any problems with the
truck don't matter.
``If the truck was in perfect condition or wasn't working
at all, he's the driver and he's responsible,'' Diepraam
said. ``That's what common sense says and that's what the law
says.''
If he's convicted, Martinez could get two to 20 years in
prison and a $10,000 fine for each charge. Because of the
nature of the charges, Poe could make the terms run
consecutively, in which case Martinez could be looking at a
maximum total of 80 years in prison.
Diepraam has already filed a motion asking Poe to ``stack''
the sentences if Martinez is convicted.
If the jury makes an additional finding that Martinez's
truck was used as a deadly weapon then that means he will
have to serve half of the combined terms before being
eligible for parole. For example, if he gets 80 years then it
will be 40 years before he's eligible for parole.
That's the equivalent of a life sentence in a capital
murder case.
Mr. LIPINSKI. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I would first of all like to hear from the gentleman
from Tennessee (Mr. Duncan), the chairman
[[Page H9037]]
of the Subcommittee on Aviation, in regard to this matter.
Mr. DUNCAN. Mr. Chairman, will the gentleman yield?
Mr. LIPINSKI. I yield to the gentleman from Tennessee.
Mr. DUNCAN. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, we have had a discussion with the gentlewoman from
Texas (Ms. Jackson-Lee) about her concerns. I want to assure the
gentlewoman that from our side that we certainly will work with her in
every way possible, because all of us, I think on both sides of this
House, want to do everything possible to improve truck safety, and
especially in regard to trucks that are moving through heavily
populated urban areas. So certainly we will try to do everything we
can.
Mr. LIPINSKI. Mr. Chairman, reclaiming my time, I want to echo the
statement of the chairman of the Subcommittee on Aviation, the
gentleman from Tennessee (Chairman Duncan). I too will work and our
staff will work very closely with the gentlewoman to see if we cannot
work something out that is beneficial in the next bill we are going to
be dealing with in regards to the Committee on Transportation and
Infrastructure.
Ms. JACKSON-LEE of Texas. Mr. Chairman, if the gentleman will yield
further, I am most grateful. I thank the chairman and the gentleman
from Illinois, and my community thanks you very much.
Mr. LIPINSKI. Mr. Chairman, I yield back the balance of my time.
Mr. DUNCAN. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I have no further requests for time. Let me just say I
understand the gentleman from New York (Mr. Weiner) is going to offer
an amendment, and we are going to agree to this amendment concerning
the installation of a doppler weather radar system in Brooklyn, New
York. This provision was placed in this legislation because there was a
dispute between the FAA and the Department of Interior, the Park
Service, on the installation of this system.
We have been told that the Park Service and the FAA have now reached
an agreement to go ahead and install this system. The staff had
included this in the legislation just because of some uncertainty
regarding a pending Federal lawsuit on this issue.
I will simply say this: we feel it is the intent of the Congress that
this system should be installed there, and we will remove this
provision at this time, reserving the right to revisit this issue if
necessary in a conference with the Senate or at some later point if for
some reason this agreement is not carried out.
With that said, Mr. Chairman, that we will agree to that change, we
do have a good bill, a necessary bill, and I urge the support of the
entire body for this reauthorization of the National Transportation
Safety Board.
Mr. TRAFICANT. Mr. Chairman, I rise in strong support of H.R. 2910,
the National Transportation Safety Board Amendments Act of 1999. I want
to commend Aviation Subcommittee Chairman Duncan and Ranking Member
Lipinski for the excellent work they have done in crafting this
excellent piece of legislation. Having spent the better part of a year
working with the National Transportation Safety Board on my own review
of the TWA Flight 800 tragedy, I am familiar with the challenges facing
the board.
H.R. 2910 includes a number of important provisions that will improve
the NTSB's ability to deal with major airline accidents and work more
efficiently with federal law enforcement agencies. The bill also
clarifies that the board has the authority to enter into agreements
with foreign governments to provide technical assistance and other
services. I am also pleased that the committee report to accompany this
legislation includes language making recommendations on how the NTSB
can better improve coordination and cooperation with other parties in a
major airline investigation.
I helped craft this language and hope to continue working with the
NTSB to ensure that it has the resources it needs to do its job, and
that it makes the best possible use of the specialized expertise that
exists at companies like Boeing and Pratt Witney. I would also like to
thank the former chairman of the committee, Congressman Norm Mineta,
for his assistance in this area. The commission that he chaired made a
number of recommendations on how to improve the party system. The
report language echoes the findings of the Mineta Commission.
Mr. Chairman, as I have several times in the past, I want to salute
the dedicated professionals at the NTSB. Day in and day out, year after
year, these remarkable public servants work long hours under trying
conditions. Often their work is frustrating and extremely stressful.
But because of their professionalism, commitment and talent, thousands
of lives have been saved. For example, even though the Board has yet to
determine the cause of the Flight 800 crash, the work that Board
investigators have done on that accident investigation has forced the
FAA and airline industry to make substantive changes, especially in the
area of aircraft wiring and aircraft wiring inspection. These changes
will make our skies safer.
Every American who flies owes the NTSB a debt of gratitude. I, for
one, deeply appreciate the excellent work they have done and continue
to do.
I urge approval of the bill.
Mr. DUNCAN. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the committee amendment in the nature of a
substitute printed in the bill, modified by the amendment printed in
House Report 106-347 shall be considered by section as an original bill
for the purpose of amendment, and each section is considered read.
During consideration of the bill for amendment, the Chair may accord
priority in recognition to a Member offering an amendment that he has
printed in the designated place in the Congressional Record. Those
amendments will be considered read.
The Chairman of the Committee of the Whole may postpone a request for
a recorded vote on any amendment and may reduce to a minimum of 5
minutes the time for voting on any postponed question that immediately
follows another vote, provided that the time for voting on the first
question shall be a minimum of 15 minutes.
The Clerk will designate section 1.
The text of section 1 is as follows:
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``National
Transportation Safety Board Amendments Act of 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.
The CHAIRMAN. Are there any amendments to section 1?
If not, the Clerk will designate section 2.
The text of section 2 is as follows:
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.''.
The CHAIRMAN. Are there any amendments to section 2?
If not, the Clerk will designate section 3.
The text of section 3 is as follows:
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 1114(a) is amended--
(1) by inserting ``(1)'' before ``Except''; and
(2) by adding at the end the following:
``(2) The Board shall deposit in the Treasury amounts
received under paragraph (1). Such amounts shall be available
to the Board as provided in appropriations Acts.''.
The CHAIRMAN. Are there any amendments to section 3?
If not, the Clerk will designate section 4.
The text of section 4 is as follows:
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,
[[Page H9038]]
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).''.
The CHAIRMAN. Are there any amendments to section 4?
Mr. DUNCAN. Mr. Chairman, I ask unanimous consent that the remainder
of the committee amendment in the nature of a substitute be printed in
the Record, and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
Tennessee?
There was no objection.
The text of the remainder of the committee amendment in the nature of
a substitute is as follows:
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.
Amendment offered by Mr. Weiner
Mr. WEINER. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Weiner:
Strike section 10 of the bill, relating to terminal doppler
weather radar.
Mr. WEINER. Mr. Chairman, I first want to thank the chairman of the
Subcommittee on Aviation and ranking member for the fine work that they
have done on this bill. This is a piece of legislation that doubtlessly
will not earn front page notice in our newspapers around the country,
but the fine work that has been done by the subcommittee in ensuring
the safety of
[[Page H9039]]
travelers around the country should not go unnoticed, and this bill is
indeed worthy of the full House's support.
Mr. Chairman, I will not take my full time. I just want to thank the
chairman for his previous statement and for his understanding of the
situation. This is an instance where the drafting of the bill had been
overtaken by events on what is admittedly a controversial issue.
I agree 100 percent that there should be a terminal doppler radar
installed to serve the New York City area, the Kennedy and LaGuardia
Airports. That is something that I think my constituents and all New
Yorkers and travelers around the world support. I am hopeful and
confident that the way has been cleared for a way to install that
doppler radar in a quick and expeditious fashion.
My amendment simply strikes the section of the bill that predates an
agreement that was entered into between Interior and the FAA that was
mediated by the Council on Environmental Quality.
Again, I want to thank very much the chairman of the subcommittee and
the ranking member for their understanding in this matter.
Mr. DUNCAN. Mr. Chairman, I rise in support of the amendment.
Mr. Chairman, as I stated earlier, we feel this system should be
installed to enhance the safety of the traveling public, particularly
into Kennedy and LaGuardia Airports. We agree to this amendment.
Mr. LIPINSKI. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I want to simply state that from our side of the aisle,
we also agree that we will accept this amendment. I spoke to the
gentleman from Tennessee (Chairman Duncan) about this amendment. I
appreciate very much his cooperation in removing this language from the
bill by accepting the amendment.
I want to say also, as the gentleman from Tennessee (Chairman Duncan)
mentioned, and I concur with him, in the event that everything does not
develop the way we anticipate it developing pertaining to this doppler
weather system, we do reserve the right to revisit this issue when we
get to conference or some other time before the bill actually comes
back to be passed into law.
Based upon my observance over here, I do not think we have any
further amendments coming forth, and I think we are very close to
passing this bill. So in getting to that point, I want to say that it
is always a pleasure working with the gentleman from Tennessee
(Chairman Duncan). He and I get along very well together. He is very
cooperative.
I appreciate also the cooperation of the gentleman from Pennsylvania
(Chairman Shuster), the ranking member, the gentleman from Minnesota
(Mr. Oberstar), and, once again, the staff of the Subcommittee on
Aviation, I believe, has done an outstanding job; and I want to express
my personal appreciation to each one of them for everything that they
have done.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from New York (Mr. Weiner).
The amendment was agreed to.
The CHAIRMAN. Are there further amendments?
If not, the question is on the committee amendment in the nature a
substitute, as amended.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The CHAIRMAN. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Rogan) having resumed the chair, Mr. Barrett of Nebraska, Chairman of
the Committee of the Whole House on the State of the Union, reported
that that Committee, having had under consideration 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, pursuant to House
Resolution 312, he reported the bill back to the House with an
amendment adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on the amendment to committee amendment
in the nature of a substitute adopted in the Committee of the Whole? If
not, the question is on the committee amendment in the nature of a
substitute.
The amendment in the nature of a substitute was agreed to.
The SPEAKER pro tempore. The question is on engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. DUNCAN. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
The vote was taken by electronic device, and there were--yeas 420,
nays 4, not voting 9, as follows:
[Roll No. 462]
YEAS--420
Abercrombie
Ackerman
Aderholt
Allen
Andrews
Archer
Armey
Bachus
Baird
Baker
Baldacci
Baldwin
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boswell
Boucher
Brady (PA)
Brady (TX)
Brown (FL)
Brown (OH)
Bryant
Burr
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Capps
Capuano
Cardin
Carson
Castle
Chabot
Chambliss
Clay
Clayton
Clement
Clyburn
Coble
Collins
Combest
Condit
Conyers
Cook
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crowley
Cubin
Cummings
Cunningham
Danner
Davis (FL)
Davis (IL)
Davis (VA)
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Ewing
Farr
Fattah
Filner
Fletcher
Foley
Forbes
Ford
Fossella
Fowler
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green (TX)
Green (WI)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (IN)
Hill (MT)
Hilleary
Hilliard
Hinchey
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inslee
Isakson
Istook
Jackson (IL)
Jackson-Lee (TX)
Jenkins
John
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Kasich
Kelly
Kennedy
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kingston
Kleczka
Klink
Knollenberg
Kolbe
Kucinich
Kuykendall
LaFalce
LaHood
Lampson
Lantos
Largent
Larson
Latham
LaTourette
Lazio
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDermott
McGovern
McHugh
McInnis
McIntosh
McIntyre
McKeon
McKinney
McNulty
Meehan
Meek (FL)
Menendez
Metcalf
Mica
Millender-McDonald
Miller (FL)
Miller, Gary
Miller, George
Minge
Mink
Moakley
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Ose
Owens
Oxley
Packard
Pallone
Pascrell
Pastor
Payne
Pease
Pelosi
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pickett
Pitts
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Reyes
Reynolds
[[Page H9040]]
Riley
Rivers
Rodriguez
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Rothman
Roukema
Roybal-Allard
Royce
Rush
Ryan (WI)
Ryun (KS)
Sabo
Salmon
Sanchez
Sanders
Sandlin
Sawyer
Saxton
Schaffer
Schakowsky
Scott
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simpson
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Spence
Spratt
Stabenow
Stark
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Talent
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tiahrt
Tierney
Toomey
Towns
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Vento
Visclosky
Vitter
Walden
Walsh
Wamp
Waters
Watkins
Watt (NC)
Watts (OK)
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Weygand
Whitfield
Wicker
Wilson
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
NAYS--4
Chenoweth
Coburn
Paul
Sanford
NOT VOTING--9
Becerra
Boyd
Burton
Hooley
Jefferson
Meeks (NY)
Scarborough
Wise
Wu
{time} 1223
Mr. GREEN of Texas and Mr. STEARNS changed their vote from ``nay'' to
``yea''.
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________