[Congressional Record Volume 142, Number 108 (Monday, July 22, 1996)]
[House]
[Pages H8049-H8052]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1315
        NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS OF 1996

  Mr. DUCAN. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3159) to amend title 49, United States Code, to authorize 
appropriations for fiscal years 1997, 1998, and 1999 for the National 
Transportation Safety Board, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3159

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Transportation 
     Safety Board Amendments of 1996''.

     SEC. 2. TERMS OF OFFICE.

       (a) In General.--Section 1111(d) of title 49, United States 
     Code, is amended by striking the third sentence and inserting 
     the following: ``The term of office of the Chairman shall be 
     4 years and the term of the Vice Chairman shall be 2 
     years.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall only apply to persons designated as Chairman of the 
     National Transportation Safety Board after the date of the 
     enactment of this Act.

     SEC. 3. FOREIGN INVESTIGATIONS.

       Section 1114 of title 49, United States Code, is amended--
       (1) in subsection (a) by striking ``(b) and (c)'' and 
     inserting ``(b), (c), and (e)''; and

[[Page H8050]]

       (2) by adding at the end the following:
       ``(e) 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.''.

     SEC. 4. PROTECTION OF VOLUNTARY SUBMISSION OF INFORMATION.

       Section 1114(b) of title 49, United States Code, is amended 
     by adding at the end the following;
       ``(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.''.

     SEC. 5. TRAINING.

       Section 1115 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(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 
     investigations. The Board may also authorize attendance at 
     courses given under this subsection by other governmental 
     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 of the `National Transportation Safety Board, 
     Salaries and Expenses' as offsetting collections.''.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       Section 1118(a) of title 49, United States Code, is 
     amended--
       (1) by striking ``and''; and
       (2) by inserting before the period at the end of the first 
     sentence the following: ``, $42,407,000 for fiscal year 1997, 
     $44,460,000 for fiscal year 1998, and $45,040,000 for fiscal 
     year 1999''.

     SEC. 7. REPORTS ON SAFETY RECOMMENDATIONS.

       Section 1135(d) of title 49, United States Code, is 
     amended--
       (1) by striking ``January 1'' and inserting ``January 31'';
       (2) by inserting ``or any other officer of the Department 
     of Transportation'' after ``to the Secretary''; and
       (3) by inserting ``or such officer's'' after ``the 
     Secretary's''.

  The SPEAKER pro tempore (Mr. Coble). Pursuant to the rule, the 
gentleman from Tennessee [Mr. Duncan] and the gentleman from Illinois 
[Mr. Lipinski] will each be recognized for 20 minutes.
  The Chair recognizes the gentleman from Tennessee [Mr. Duncan].
  Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the Transportation and Infrastructure Committee, under 
the outstanding leadership of its chairman, Mr. Shuster, reported H.R. 
3159 on May 9. The Aviation Subcommittee and the Railroad Subcommittee 
held a joint hearing on the needs and concerns of the National 
Transportation Safety Board on March 6.
  I must say that I have been very impressed with the work of the NTSB 
under the leadership of Chairman Jim Hall.
  The NTSB has responded extremely well to the recent airline tragedies 
involving ValuJet and TWA. The professionalism and dedication, in often 
very tough an demanding situations, should be heeded by several other 
Federal agencies and Departments.
  H.R. 3159, authorizes appropriations for fiscal years 1997, 1998, and 
1999 for the National Transportation Safety.
  H.R. 3159 has six components that I will briefly outline. First, the 
typical NTSB reauthorization has been 3 years and this bill contains a 
3-year reauthorization.
  Second, for this current fiscal year, the committee had authorized 
$45.1 million dollars, however the Appropriations Committee 
appropriated a level of $38.8 million. Let me say that the 
authorization levels in this bill are not those that were reported in 
the original bill. They have been adjusted to reflect what the House 
has recently approved in this year's Department of Transportation 
appropriations bill, H.R. 3675. So, this bill authorizes $42.4 million 
for fiscal year 1997, $44.46 million for fiscal year 1998, and $45.0 
million for fiscal year 1999.
  The first year's authorization represents a 9.3 percent increase from 
the fiscal year 1996 appropriated level, and it provides an adequate 
increase in the remaining 2 years, which results in a 6.2 percent 
increase between 1997 and 1999. I think these levels will allow the 
NTSB to adequately perform its mission.
  Third, the bill extends the term of the NTSB chairman from 2-years to 
4-years. NTSB argued that it has had rapid turnover in its chairmanship 
and that a 4-year term would promote leadership stability. Many other 
agency chairman have terms of 4 years or more so we are not doing 
anything out of the ordinary here.
  Fourth, we also have a provision in H.R. 3159 that would allow the 
NTSB to withhold foreign accident information. Currently, many foreign 
aviation authorities will not give accident information to the NTSB for 
fear that the Board will have to release it to the public under the 
Freedom of Information Act. As a result, Board employees must travel to 
foreign countries or embassies to review data. This is costly and 
inefficient. We correct this problem in our bill.
  Fifth, we also give the NTSB authority to withhold voluntarily 
provided safety information. At this time, the NTSB learns of safety 
problems only after there has been an accident. A major initiative in 
the aviation community is to try to spot trends or unsafe practices 
before they cause an accident. This initiative could be accomplished by 
voluntarily sharing data among airlines and with the Government. 
However, many are reluctant to do this because they fear possible 
repercussions if the information was released.
  Let me say that the Aviation Subcommittee recently held a hearing 
regarding protections for whistleblowers in the aviation industry. I 
think we will continue to look at this issue.
  Sixth, and finally, H.R. 3159 allows the NTSB to charge a reasonable 
fee for courses given to non-Board members. The NTSB conducts safety-
related classes and this provision will allow them to recoup some of 
its cost for conducting these classes.
  So, we have a very fine bill which I feel very confident every 
Members of the House can support.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LIPINSKI. Mr. Speaker, I yield myself as much time as I may 
consume.
  Mr. Speaker, I join the chairman in expressing my strong support for 
H.R. 3159, the National Transportation Safety Board Amendments of 1996. 
This legislation reauthorizes the NTSB for 3 years, and makes a number 
of changes requested by the NTSB to allow the Board to continue its 
excellent work.
  As this bill moved through the Transportation and Infrastructure 
Committee, I repeatedly observed that the NTSB is probably the most 
respected Government entity in the United States. Since the committee 
reported this legislation, we have witnessed two devastating aircraft 
crashes that have focused the Nation's attention on the NTSB's work. In 
the most difficult of circumstances, the NTSB works with local, State, 
and Federal entities as well as with the families of accident victims. 
And the Board is not just involved in aviation--the NTSB leads 
investigations of accidents in every mode of transportation. As we 
discuss this reauthorization on the floor today, it is important for us 
to recognize the public service performed by the Board. They are a 
critical element of our national transportation system.
  Mr. Speaker, as requested by the NTSB, H.R. 3159 extends the 
Chairman's term for future Chairmen from 2 years to 4 in an effort to 
promote leaderships stability. It also enables the Board to fully 
participate in foreign investigations by providing protection from 
Freedom of Information Act requests for a 2-year period. Our intention 
is not to keep information from the public. Rather, the measure simply

[[Page H8051]]

enhances the NTSB's access to information that will lead to 
improvements in aviation safety.
  The bill also encourages data sharing programs among the FAA, NTSB, 
and the aviation community by prohibiting the Board from disclosing 
voluntarily provided safety information. By sharing information before 
an accident occurs, we can save lives. The legislation establishes a 
framework which will enable this to occur.
  Mr. Speaker, the legislation we are considering today contains higher 
funding levels than those contained in the introduced bill. This 
slightly higher authorization in the out years, along the lines of an 
amendment offered by Mr. Oberstar during committee markup, will enable 
the NTSB to increase its workforce by some 20 employees. In recent 
months, with the ValuJet crash in the Florida Everglades and the TWA 
crash last week off Long Island, it has become even clearer to me that 
the NTSB needs every resource it can get. I want to thank the ranking 
member of the committee, Mr. Oberstar, for his leadership on this 
issue, and both Chairman Shuster and Chairman Duncan for their 
willingness to work with us. The higher funding level makes this a 
better bill for the American people.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Minnesota [Mr. Oberstar].
  Mr. OBERSTAR. Mr. Speaker, I thank the gentleman for yielding me the 
time.
  Mr. Speaker, I strongly support H.R. 3159, to reauthorize the 
National Transportation Safety Board. I appreciate the very thorough, 
complete explanations provided by the chairman of the committee, the 
gentleman from Tennessee [Mr. Duncan], and the ranking member, the 
gentleman from Illinois [Mr. Lipinski], on the details of this 
administration. I just want to address the issue about the NTSB, about 
which I have had such very deep and strong admiration for many years.

                              {time}  1330

  In the end we have worked it out. I am very appreciative of the 
consideration Chairman Shuster has given to this issue, the work that 
Chairman Duncan has done and the digging in of my good colleague from 
Illinois who has worked so hard to achieve the resolution that we came 
to in this legislation today that will increase the work force to 370 
employees.
  If ever there were a question about the value, the significance, the 
objectivity, and the meticulous workmanship of this small, effective 
agency, the National Transportation Safety Board, surely any concerns 
were put to rest by its work on the tragic ValuJet crash in Florida. 
Although we do not have as yet a probable cause, I am certain that the 
workmanlike job of the NTSB investigators, that the continuing 
meticulous metallurgical studies that are being done and other work 
will lead NTSB to a determination of probable cause from which can come 
regulatory action to prevent such tragedies in the future.
  We gather this afternoon in the aftermath of another unspeakable 
tragedy. Again we see the professionalism and the integrity of the NTSB 
managing the investigation of this tragic accident. We have come to 
rely upon NTSB as the front line of defense in aviation safety. They 
are the first ones who deal with the families of the victims of 
tragedies. They are the first ones on the scene with the expertise to 
sift through the wreckage and come to an understanding of how it came 
about, what caused it, and then what should be done to prevent future 
accidents. I have such enormous respect for all those who are the first 
on the scene who have to deal with the grisly results of an tragic 
accident. We should give them our total support. This legislation is a 
very strong move in the right direction.
  I greatly appreciate again the work of Chairman Duncan, Ranking 
Member Lipinski, and our staff who on both sides of the aisle have 
worked together very hard to come to a resolution of issues so that we 
can bring to this body a truly bipartisan piece of legislation that 
must be enacted.
  Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, let me say that I rise to once again thank our two 
outstanding ranking members, the gentleman from Minnesota [Mr. 
Oberstar], and the gentleman from Illinois [Mr. Lipinski]. All three of 
these bills that we have had on the floor today pertain to aviation 
safety. We just, of course, have been through two terrible tragedies 
with the ValuJet crash and the TWA crash. The sympathy of every Member 
of this body goes out to the family members of the victims of those 
tragedies. In fact I think on our subcommittee we see that tragedy 
closer up than almost any other Member of this body because we have 
heard in just recent weeks from the family members of some of these 
victims. I think that we are going to produce legislation in the next 
few weeks or months that will help improve the treatment of family 
members of victims of these tragedies and hopefully will produce 
legislation to make our airports even more secure.
  These bills today, along with the legislation that we approved in 
March to reform the FAA, are the first major overhaul of our civil 
aviation law since 1958, a major step that we took if passed by the 
Senate. I think the members of the public should know that we are not 
sitting idly by, that the Members of this body are doing everything 
possible to make sure that our aviation system becomes even safer.
  I think we should note that we have by far the safest aviation system 
in the world. We have had a little over 12,900 deaths in all U.S. 
aviation accidents combined since the Wright brothers' flight of 1903. 
Even one death is too many. We need to work constantly to improve and 
make it better, especially with air passenger traffic going up as much 
as it is, and it is going to shoot way up in these next 10 years, 
possibly to as many as 1 billion passengers a year. So we have got a 
lot of work to do.
  We should note that unfortunately as many people are killed on the 
highways in this Nation every 4 months as have been killed in all of 
these U.S. aviation accidents combined since the Wright brothers' 
flight. We have an aviation system that the world looks up to and that 
we should be proud of. We should reassure the flying public that our 
aviation system in this country is very, very safe, and we are going to 
do everything we can to make it safer. That is why we can all be so 
proud not only of our FAA reform legislation but of these bills today.
  Mr. Speaker, I urge passage of this final bill, H.R. 3159.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LIPINSKI. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, in conclusion I simply want to say that we have the 
safest airline system in the world. The gentleman from Minnesota, [Mr. 
Oberstar], Chairman Duncan, myself and all other members of the 
Subcommittee on Aviation of the Committee on Transportation and 
Infrastructure of the House of Representatives will do and have done 
everything we possibly can to continue to improve airline safety in 
this Nation. We are passing 3 bills today that deal with airline 
safety. There is much more to be done, but I am sure that we are up to 
the challenge. We will do it.
  I want to say that Chairman Duncan is a man who I sincerely 
appreciate working with because he is very easy to work with, he is 
very understanding, and he is very committed to aviation safety and the 
improvement of aviation in this Nation and, quite frankly, in this 
world.
  To have a man with the experience of the gentleman from Minnesota, 
[Mr. Oberstar] serving on this subcommittee and, of course, on the full 
committee has been of enormous help to myself and to Chairman Duncan. I 
want to state publicly I appreciate the work that both of those 
gentlemen have done in regard to aviation. I ask everyone's support of 
this bill for the National Transportation Safety Board, particularly 
because there is another great Tennessean that is the chairman of that 
board.
  Tennessee has sent us outstanding public people: Davy Crockett, Sam 
Houston, Andrew Jackson, Bob Clement, Jim Hall, and, the most 
outstanding of all, Chairman Duncan.
  Mr. Speaker, I yield back the balance of my time.
  Mr. DUNCAN. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Coble). The question is on the motion

[[Page H8052]]

offered by the gentleman from Tennessee [Mr. Duncan] that the House 
suspend the rules and pass the bill, H.R. 3159, as amended.
  The question was taken.
  Mr. DUNCAN. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________