National Transportation Safety Board Amendments Act of 2000
PL 106-424 (S.2412), enacted 11/01/2000

PUBLIC LAW 106-424—NOV. 1, 2000 
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. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; REFERENCES. 
(a) SHORT TITLE.—^This Act may be cited as the "National 
Transportation Safety Board Amendments Act of 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: 
"§1101. DeHnitions 
"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)(l)(I) is amended to read as 
follows: 
"(I) negotiate and enter into agreements with individ-
uals 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 serv-
ices or training in accident investigation theory and tech-
niques, 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.". 
Nov. 1, 2000 
[S. 2412] 
National 
Transportation 
Safety Board 
Amendments Act 
of 2000. 
49 u s e 1101 
note. 
114 STAT. 1884 
PUBLIC LAW 106-424—NOV. 1, 2000 
(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 sec-
tion 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 Taasic 
pay includes any applicable locality-based comparability pay-
ment 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). 
Deadline. 
"(5) 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 
identif3dng the total amount of overtime pa5rments 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 informa-
tion" after "transcript" in the second sentence of paragraph 
(1). 
PUBLIC LAW 106-424—NOV. 1, 2000 
114 STAT. 1885 
(b) SURFACE VEHICLE RECORDINGS AND TRANSCRIPTS.— 
(1) IN GENERAL.—Section 1114 is amended— 
(A) by redesignating subsections (d) and (e) as sub-
sections (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 shsill 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 REC-
OMMENDATIONS.—^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: 
"§ 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: 
114 STAT. 1886 
PUBLIC LAW 106-424—NOV. 1, 2000 
Deadline. 
49 use 1131 
note. 
Deadline. 
49 use 1131 
note. 
Reports. 
49 use 1113 
note. 
"(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 investiga-
tive 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 para-
graph (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) 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. 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 Under-
standing 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. 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. CfflEF FINANCIAL OFFICER. 
Section 1111 is amended— 
(1) by redesignating subsection (h) as subsection (i); and 
(2) by inserting after subsection (g) the following: 
PUBLIC LAW 106-424—NOV. 1, 2000 
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 manage-
ment and budget execution; 
"(2) direct, manage, and provide policy guidance and over-
sight 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. 11. IMPROVED AUDIT PROCEDURES. 
49 USC 1111 
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: 
"§ 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 administra-
tion of the internal accounting and administrative control sys-
tems 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 carrjdng out this section, 
the Inspector General may exercise authorities granted to the 
Inspector CJeneral 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.". 
114 STAT. 1888 
PUBLIC LAW 106-424—NOV. 1, 2000 
49 u s e 44703 
note. 
SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 
Section 1118 is amended to read as follows: 
"§ 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. 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 Sec-
retary 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 
PUBLIC LAW 106-424—NOV. 1, 2000 
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 Administra-
tion that funded the provision of the products or services and 
shall remain available until expended.". 
(b) EFFECTIVE DATE.—^The amendments made by subsection 
49 use 44721 
(a) take effect on October 1, 2000. 
note. 
Approved November 1, 2000. 
L E G I S L A T I V E H I S T O R Y — S . 2412 (H.R. 2910): 
HOUSE REPORTS: No. 106-335 accompanying H.R. 2910 (Comm. on Transpor-
S E N A T E REPORTS: No. 106-386 (Comm. on Commerce, Science, and Transpor-
tation). 
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.