U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

79–010

" ! SENATE 106th Congress

2d Session

REPORT

2000

106–386

Calendar No. 762

NATIONAL TRANSPORTATION SAFETY

BOARD AMENDMENTS

REPORT

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND

TRANSPORTATION

on

S. 2412

AUGUST 25, 2000.—Ordered to be printed

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

(II)

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

ONE HUNDRED SIXTH CONGRESS

SECOND SESSION

JOHN MCCAIN, Arizona, Chairman

TED STEVENS, Alaska

CONRAD BURNS, Montana

SLADE GORTON, Washington

TRENT LOTT, Mississippi

KAY BAILEY HUTCHISON, Texas

OLYMPIA SNOWE, Maine

JOHN ASHCROFT, Missouri

BILL FRIST, Tennessee

SPENCER ABRAHAM, Michigan

SAM BROWNBACK, Kansas

ERNEST F. HOLLINGS, South Carolina

DANIEL K. INOUYE, Hawaii

JOHN D. ROCKEFELLER IV, West Virginia

JOHN F. KERRY, Massachusetts

JOHN B. BREAUX, Louisiana

RICHARD H. BRYAN, Nevada

BYRON L. DORGAN, North Dakota

RON WYDEN, Oregon

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

79–010

Calendar No. 762

106TH CONGRESS REPORT

2d Session " ! SENATE 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

REPORT

[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 Safe- ty 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.

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(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.

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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

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Chairman to establish annual travel budgets to govern Board

Member 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 nontransportation 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 reVerDate 11-MAY-2000 05:31 Aug 31, 2000 Jkt 079010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR386.XXX pfrm10 PsN: SR386
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cently 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 privatesector mandates as defined in the Unfunded Mandates Reform Act

(UMRA) and would impose no costs on state, local, or tribal governments.

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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

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:

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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

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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 to

civil 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.

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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

ø§ 1101. Definitions

øSection 40102(a) of this title applies to this chapter.¿

§ 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

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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

§ 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.

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(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.

ø(h)¿ (i) SEAL.—The Board shall have a seal that shall be judicially recognized.

§ 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;

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(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

ø(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 credited

as 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

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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.

§ 1114. Disclosure, availability, and use of information

(a) GENERAL.—(1) Except as provided in subsections (b), (c), øand

(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;

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(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 øVOICE¿ RECORDINGS AND TRANSCRIPTS.—

(1) The Board may not disclose publicly any part of a øcockpit 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 øcockpit 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

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(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 REC- OMMENDATIONS.—This subsection does not prevent the Board

from referring at any time to voice or video recorder information in making safety recommendations.

ø(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.

ø(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.

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§ 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 øof the ‘‘National Transportation Safety Board, Salaries

and Expenses’’¿ of the Board as offsetting collections.

ø§ 1118. Authorization of appropriations

ø(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.

ø(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:

ø(1) $1,000,000 to establish the fund.

17

ø(2) Amounts equal to amounts expended annually out of the

fund.

ø(c) AVAILABILITY OF AMOUNTS.—Amounts appropriated under

this section remain available until expended.¿

§ 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

§ 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

18

(iii) the investigation of the accident would carry out

this chapter.

ø(2) An investigation¿ (2)(A) Subject to the requirements of

this paragraph, an investigation by the Board under paragraph

(1)(A)–(D) or (F) of this subsection has priority over any investigation by another department, agency, or instrumentality of

the United States Government. The Board shall provide for appropriate participation by other departments, agencies, or instrumentalities in the investigation. However, those departments, agencies, or instrumentalities may not participate in

the decision of the Board about the probable cause of the accident.

(B) If the Attorney General, in consultation with the Chairman of

the Board, determines and notifies the Board that circumstances

reasonably indicate that the accident may have been caused by an

intentional criminal act, the Board shall relinquish investigative

priority to the Federal Bureau of Investigation. The relinquishment

of investigative priority by the Board shall not otherwise affect the

authority of the Board to continue its investigation under this section.

(C) If a 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.

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(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 ø1134(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.

§ 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

ø§ 1154. Discovery and use of cockpit voice and other material¿

§ 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—

20

(A) any part of a øcockpit voice recorder¿ cockpit or surface vehicle recorder transcript that the National Transportation Safety Board has not made available to the public

under section ø1114(c)¿ section 1114(c) or 1114(d) of this

title; and

(B) a øcockpit 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 øcockpit

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 øcockpit voice recorder¿ cockpit or surface vehicle recorder transcript that the Board has not made

available under øsection 1114(c)¿ section 1114(c) or 1114(d) of

this title only if the øcockpit 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 øcockpit 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 ø1114(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 øcockpit 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 øcockpit voice recorder¿ cockpit or surface vehicle

recorder transcript not made available to the public under section ø1114(c)¿ 1114(c) or 1114(d) of this title or a øcockpit 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 øcockpit voice recorder¿

cockpit or surface vehicle recorder transcript not made available to the public under section ø1114(c)¿ 1114(c) or 1114(d) of

this title or a øcockpit voice recorder¿ cockpit or surface vehicle

21

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 øcockpit 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.

Æ