[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]
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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
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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.
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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
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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.
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