[106th Congress Public Law 424]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ424.106]
[[Page 114 STAT. 1883]]
Public Law 106-424
106th Congress
An Act
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. <<NOTE: Nov. 1, 2000 - [S.
2412]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National
Transportation Safety Board Amendments Act of 2000.>>
SECTION 1. SHORT TITLE; REFERENCES.
(a) <<NOTE: 49 USC 1101 note.>> Short Title.--This Act may be cited
as the ``National Transportation Safety Board Amendments Act of 2000''.
(b) References.--Except as otherwise specifically provided, whenever
in this Act an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision of law, the reference
shall be considered to be made to a section or other provision of title
49, United States Code.
SEC. 2. DEFINITIONS.
Section 1101 is amended to read as follows:
``Sec. 1101. Definitions
``Section 2101(17a) of title 46 and section 40102(a) of this title
apply to this chapter. In this chapter, the term `accident' includes
damage to or destruction of vehicles in surface or air transportation or
pipelines, regardless of whether the initiating event is accidental or
otherwise.''.
SEC. 3. AUTHORITY TO ENTER INTO AGREEMENTS.
(a) In General.--Section 1113(b)(1)(I) is amended to read as
follows:
``(I) negotiate and enter into agreements with
individuals and private entities and departments,
agencies, and instrumentalities of the Government, State
and local governments, and governments of foreign
countries for the provision of facilities, accident-
related and technical services or training in accident
investigation theory and techniques, and require that
such entities provide appropriate consideration for the
reasonable costs of any facilities, goods, services, or
training provided by the Board.''.
(b) Deposit of Amounts.--
(1) Section 1113(b)(2) is amended--
(A) by inserting ``as offsetting collections'' after
``to be credited''; and
(B) by adding after ``Board.'' the following: ``The
Board shall maintain an annual record of collections
received under paragraph (1)(I) of this subsection.''.
[[Page 114 STAT. 1884]]
(2) Section 1114(a) is amended--
(A) by inserting ``(1)'' before ``Except''; and
(B) by adding at the end thereof the following:
``(2) The Board shall deposit in the Treasury amounts
received under paragraph (1) to be credited to the appropriation
of the Board as offsetting collections.''.
(3) Section 1115(d) is amended by striking ``of the
`National Transportation Safety Board, Salaries and Expenses' ''
and inserting ``of the Board''.
SEC. 4. OVERTIME PAY.
Section 1113 is amended by adding at the end the following:
``(g) Overtime Pay.--
``(1) In general.--Subject to the requirements of this
section and notwithstanding paragraphs (1) and (2) of section
5542(a) of title 5, for an employee of the Board whose basic pay
is at a rate which equals or exceeds the minimum rate of basic
pay for GS-10 of the General Schedule, the Board may establish
an overtime hourly rate of pay for the employee with respect to
work performed at the scene of an accident (including travel to
or from the scene) and other work that is critical to an
accident investigation in an amount equal to one and one-half
times the hourly rate of basic pay of the employee. All of such
amount shall be considered to be premium pay.
``(2) Limitation on overtime pay to an employee.--An
employee of the Board may not receive overtime pay under
paragraph (1), for work performed in a calendar year, in an
amount that exceeds 15 percent of the annual rate of basic pay
of the employee for such calendar year.
``(3) Limitation on total amount of overtime pay.--The Board
may not make overtime payments under paragraph (1) for work
performed in any fiscal year in a total amount that exceeds 1.5
percent of the amount appropriated to carry out this chapter for
that fiscal year.
``(4) Basic pay defined.--In this subsection, the term
`basic pay' includes any applicable locality-based comparability
payment under section 5304 of title 5 (or similar provision of
law) and any special rate of pay under section 5305 of title 5
(or similar provision of law).
``(5) <<NOTE: Deadline.>> Annual report.--Not later than
January 31, 2002, and annually thereafter, the Board shall
transmit to the Senate Committee on Commerce, Science, and
Transportation and the House Transportation and Infrastructure
Committee a report identifying the total amount of overtime
payments made under this subsection in the preceding fiscal
year, and the number of employees whose overtime pay under this
subsection was limited in that fiscal year as a result of the 15
percent limit established by paragraph (2).''.
SEC. 5. RECORDERS.
(a) Cockpit Video Recordings.--Section 1114(c) is amended--
(1) by striking ``Voice'' in the subsection heading;
(2) by striking ``cockpit voice recorder'' in paragraphs (1)
and (2) and inserting ``cockpit voice or video recorder''; and
(3) by inserting ``or any written depiction of visual
information'' after ``transcript'' in the second sentence of
paragraph (1).
[[Page 114 STAT. 1885]]
(b) Surface Vehicle Recordings and Transcripts.--
(1) In general.--Section 1114 is amended--
(A) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(B) by inserting after subsection (e) the
following:
``(d) Surface Vehicle Recordings and Transcripts.--
``(1) Confidentiality of recordings.--The Board may not
disclose publicly any part of a surface vehicle voice or video
recorder recording or transcript of oral communications by or
among drivers, train employees, or other operating employees
responsible for the movement and direction of the vehicle or
vessel, or between such operating employees and company
communication centers, related to an accident investigated by
the Board. However, the Board shall make public any part of a
transcript or any written depiction of visual information that
the Board decides is relevant to the accident--
``(A) if the Board holds a public hearing on the
accident, at the time of the hearing; or
``(B) if the Board does not hold a public hearing,
at the time a majority of the other factual reports on
the accident are placed in the public docket.
``(2) References to information in making safety
recommendations.--This subsection does not prevent the Board
from referring at any time to voice or video recorder
information in making safety recommendations.''.
(2) Conforming amendment.--The first sentence of section
1114(a) is amended by striking ``and (e)'' and inserting ``(d),
and (f)''.
(c) Discovery and Use of Cockpit and Surface Vehicle Recordings and
Transcripts.--
(1) In general.--Section 1154 is amended--
(A) by striking the section heading and inserting
the following:
``Sec. 1154. Discovery and use of cockpit and surface vehicle
recordings and transcripts'';
(B) by striking ``cockpit voice recorder'' each
place it appears in subsection (a) and inserting
``cockpit or surface vehicle recorder'';
(C) by striking ``section 1114(c)'' each place it
appears in subsection (a) and inserting ``section
1114(c) or 1114(d)''; and
(D) by adding at the end the following:
``(6) In this subsection:
``(A) Recorder.--The term `recorder' means a voice
or video recorder.
``(B) Transcript.--The term `transcript' includes
any written depiction of visual information obtained
from a video recorder.''.
(2) Conforming amendment.--The chapter analysis for chapter
11 is amended by striking the item relating to section 1154 and
inserting the following:
``1154. Discovery and use of cockpit and surface vehicle recordings and
transcripts.''.
SEC. 6. PRIORITY OF INVESTIGATIONS.
(a) In General.--Section 1131(a)(2) is amended--
(1) by striking ``(2) An investigation'' and inserting:
[[Page 114 STAT. 1886]]
``(2)(A) Subject to the requirements of this paragraph, an
investigation''; and
(2) by adding at the end the following:
``(B) If the Attorney General, in consultation with
the Chairman of the Board, determines and notifies the
Board that circumstances reasonably indicate that the
accident may have been caused by an intentional criminal
act, the Board shall relinquish investigative priority
to the Federal Bureau of Investigation. The
relinquishment of investigative priority by the Board
shall not otherwise affect the authority of the Board to
continue its investigation under this section.
``(C) If a Federal law enforcement agency suspects
and notifies the Board that an accident being
investigated by the Board under subparagraph (A), (B),
(C), or (D) of paragraph (1) may have been caused by an
intentional criminal act, the Board, in consultation
with the law enforcement agency, shall take necessary
actions to ensure that evidence of the criminal act is
preserved.''.
(b) <<NOTE: Deadline. 49 USC 1131 note.>> Revision of 1977
Agreement.--Not later than 1 year after the date of the enactment of
this Act, the National Transportation Safety Board and the Federal
Bureau of Investigation shall revise their 1977 agreement on the
investigation of accidents to take into account the amendments made by
this Act.
SEC. 7. PUBLIC AIRCRAFT INVESTIGATION CLARIFICATION.
Section 1131(d) is amended by striking ``1134(b)(2)'' and inserting
``1134 (a), (b), (d), and (f)''.
SEC. <<NOTE: Deadline. 49 USC 1131 note.>> 8. MEMORANDUM OF
UNDERSTANDING.
Not later than 1 year after the date of the enactment of this Act,
the National Transportation Safety Board and the United States Coast
Guard shall revise their Memorandum of Understanding governing major
marine accidents--
(1) to redefine or clarify the standards used to determine
when the National Transportation Safety Board will lead an
investigation; and
(2) to develop new standards to determine when a major
marine accident involves significant safety issues relating to
Coast Guard safety functions.
SEC. <<NOTE: Reports. 49 USC 1113 note.>> 9. TRAVEL BUDGETS.
The Chairman of the National Transportation Safety Board shall
establish annual fiscal year budgets for non-accident-related travel
expenditures for Board members which shall be approved by the Board and
submitted to the Senate Committee on Commerce, Science, and
Transportation and to the House of Representatives Committee on
Transportation and Infrastructure together with an annual report
detailing the non-accident-related travel of each Board member. The
report shall include separate accounting for foreign and domestic
travel, including any personnel or other expenses associated with that
travel.
SEC. 10. CHIEF FINANCIAL OFFICER.
Section 1111 is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
[[Page 114 STAT. 1887]]
``(h) Chief Financial Officer.--The Chairman shall designate an
officer or employee of the Board as the Chief Financial Officer. The
Chief Financial Officer shall--
``(1) report directly to the Chairman on financial
management and budget execution;
``(2) direct, manage, and provide policy guidance and
oversight on financial management and property and inventory
control; and
``(3) review the fees, rents, and other charges imposed by
the Board for services and things of value it provides, and
suggest appropriate revisions to those charges to reflect costs
incurred by the Board in providing those services and things of
value.''.
SEC. <<NOTE: 49 USC 1111 note.>> 11. IMPROVED AUDIT PROCEDURES.
The National Transportation Safety Board, in consultation with the
Inspector General of the Department of Transportation, shall develop and
implement comprehensive internal audit controls for its financial
programs based on the findings and recommendations of the private sector
audit firm contract entered into by the Board in March, 2000. The
improved internal audit controls shall, at a minimum, address Board
asset management systems, including systems for accounting management,
debt collection, travel, and property and inventory management and
control.
SEC. 12. AUTHORITY OF THE INSPECTOR GENERAL.
(a) In General.--Subchapter III of chapter 11 of subtitle II is
amended by adding at the end the following:
``Sec. 1137. Authority of the Inspector General
``(a) In General.--The Inspector General of the Department of
Transportation, in accordance with the mission of the Inspector General
to prevent and detect fraud and abuse, shall have authority to review
only the financial management, property management, and business
operations of the National Transportation Safety Board, including
internal accounting and administrative control systems, to determine
compliance with applicable Federal laws, rules, and regulations.
``(b) Duties.--In carrying out this section, the Inspector General
shall--
``(1) keep the Chairman of the Board and Congress fully and
currently informed about problems relating to administration of
the internal accounting and administrative control systems of
the Board;
``(2) issue findings and recommendations for actions to
address such problems; and
``(3) report periodically to Congress on any progress made
in implementing actions to address such problems.
``(c) Access to Information.--In carrying out this section, the
Inspector General may exercise authorities granted to the Inspector
General under subsections (a) and (b) of section 6 of the Inspector
General Act of 1978 (5 U.S.C. App.).
``(d) Reimbursement.--The Inspector General shall be reimbursed by
the Board for the costs associated with carrying out activities under
this section.''.
(b) Conforming Amendment.--The subchapter analysis for such
subchapter is amended by adding at the end the following:
``1137. Authority of the Inspector General.''.
[[Page 114 STAT. 1888]]
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
Section 1118 is amended to read as follows:
``Sec. 1118. Authorization of appropriations
``(a) In General.--There are authorized to be appropriated for the
purposes of this chapter $57,000,000 for fiscal year 2000, $65,000,000
for fiscal year 2001, and $72,000,000 for fiscal year 2002, such sums to
remain available until expended.
``(b) Emergency Fund.--The Board has an emergency fund of $2,000,000
available for necessary expenses of the Board, not otherwise provided
for, for accident investigations. Amounts equal to the amounts expended
annually out of the fund are authorized to be appropriated to the
emergency fund.''.
SEC. <<NOTE: 49 USC 44703 note.>> 14. CREDITING OF LAW ENFORCEMENT
FLIGHT TIME.
In determining whether an individual meets the aeronautical
experience requirements imposed under section 44703 of title 49, United
States Code, for an airman certificate or rating, the Secretary of
Transportation shall take into account any time spent by that individual
operating a public aircraft as defined in section 40102 of title 49,
United States Code, if that aircraft is--
(1) identifiable by category and class; and
(2) used in law enforcement activities.
SEC. 15. TECHNICAL CORRECTION.
Section 46301(d)(2) of title 49, United States Code, is amended by
striking ``46302, 46303,'' and inserting ``46301(b), 46302, 46303,
46318,''.
SEC. 16. CONFIRMATION OF INTERIM FINAL RULE ISSUANCE UNDER SECTION
45301.
The publication, by the Department of Transportation, Federal
Aviation Administration, in the Federal Register of June 6, 2000 (65 FR
36002) of an interim final rule concerning Fees for FAA Services for
Certain Flights (Docket No. FAA-00-7018) is deemed to have been issued
in accordance with the requirements of section 45301(b)(2) of title 49,
United States Code.
SEC. 17. AERONAUTICAL CHARTING.
(a) In General.--Section 44721 of title 49, United States Code, is
amended--
(1) by striking paragraphs (3) and (4) of subsection (c);
and
(2) by adding at the end of subsection (g)(1) the following:
``(D) Continuation of prices.--The price of any
product created under subsection (d) may correspond to
the price of a comparable product produced by a
department of the United States Government as that price
was in effect on September 30, 2000, and may remain in
effect until modified by regulation under section 9701
of title 31, United States Code.''; and
[[Page 114 STAT. 1889]]
(3) by adding at the end of subsection (g) the following:
``(5) Crediting amounts received.--Notwithstanding any other
provision of law, amounts received for the sale of products
created and services performed under this section shall be fully
credited to the account of the Federal Aviation Administration
that funded the provision of the products or services and shall
remain available until expended.''.
(b) <<NOTE: 49 USC 44721 note.>> Effective Date.--The amendments
made by subsection (a) take effect on October 1, 2000.
Approved November 1, 2000.
LEGISLATIVE HISTORY--S. 2412 (H.R. 2910):
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HOUSE REPORTS: No. 106-335 accompanying H.R. 2910 (Comm. on
Transportation and Infrastructure).
SENATE REPORTS: No. 106-386 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Oct. 3, considered and passed Senate.
Oct. 17, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Nov. 1, Presidential statement.
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