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[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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