[House Report 104-682]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-682
_______________________________________________________________________


 
        NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS OF 1996

                                _______
                                

 July 17, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 3159]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred 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, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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
          (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: ``, $40,300,000 for fiscal year 1997, 
        $42,400,000 for fiscal year 1998, and $44,500,000 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''.

                         Background and Summary

    The reported bill authorizes appropriations for the 
National Transportation Safety Board (NTSB) for three fiscal 
years, 1997, 1998, and 1999.
    NTSB was established as an independent agency in 1974. 
Prior to that, it had been part of the Department of 
Transportation (DOT).
    NTSB is governed by a five-member Board. The members are 
nominated by the President and confirmed by the Senate. All 
Board members serve a five-year term. The President designates, 
and the Senate confirms, one of the five members to serve as 
Chairman for a term of two years.
    Since NTSB has no regulatory authority, its effectiveness 
is dependent upon the issuance of accident reports and safety 
recommendations. The agency investigates all aviation accidents 
as well as major railroad, highway, pipeline, and maritime 
accidents. Its determinations of probable cause and resulting 
recommendations have been instrumental in improving 
transportation safety in this country.
    The reported bill would fund the Board at $40.3 million in 
fiscal year 1997, $42.4 million in fiscal year 1998, and $44.5 
million in fiscal year 1999. The funding level for the first 
year is consistent with the amount requested by the Board. It 
represents a 4% increase from currently appropriated levels but 
a 10.5% decrease from the current authorization.
    Funding for the second and third year is less than the NTSB 
requested. The Committee would have preferred to authorize 
funding levels closer to the amounts requested by the agency. 
However, given the tight budget under which the Federal 
government is operating, it is necessary for all agencies to 
share in the financial sacrifice. The authorized funding levels 
still represent increases each year. They will permit the 
agency to maintain its current staff of 350 employees. While an 
increase may have been desirable from the Board's standpoint, 
the agency has shown that it can be a forceful advocate for 
transportation safety at current staffing levels.
    In addition to authorizing funding, the reported bill makes 
several legislative changes, most of which were requested by 
the NTSB. Each one is discussed below.

                            Chairman's term

    Currently, NTSB Chairmen are appointed for two-year terms. 
The reported bill would extend the term to four years. This 
would apply only to future Chairmen. This action is taken in 
order to promote leadership stability.
    In the last four years, there have been four Chairmen of 
the agency. This rapid change in leadership can create staff 
uncertainty, varying priorities, and temporary stagnation 
during transition period. This tends to undermine the agency's 
ability to carry out its important safety functions.
    The 4-year term in the reported bill is consistent with the 
terms of office for Chairmen and the top official at several 
other agencies. For example, the Administrator of the Federal 
Aviation Administration has a 5-year term. 49 U.S.C. 106(b).

                    Foreign accident investigations

    The United States is a signatory to the Chicago Convention 
on International Civil Aviation (61 Stat. 1180). Under that 
treaty, and its Annex 13, the nation in which an aircraft 
accident occurs is responsible for conducting the 
investigation. Other countries that have an interest, such as 
those where the aircraft was manufactured or registered, may 
participate in the accident investigation.
    The U.S. is the world's major aircraft manufacturer. Our 
airlines operate in many countries throughout the world. If an 
accident involving one of our aircraft or airlines should occur 
in another country, it is vital that the NTSB be able to fully 
participate in the foreign country's accident investigation. 
However, in order to do so effectively, it must have access to 
the evidence and information developed during the course of the 
investigation.
    Currently, the NTSB is hindered in its ability to fully 
participate in foreign accident investigations because it is 
unable to guarantee that it will not disclose the evidence and 
information it receives. Arguably, under the Freedom of 
Information Act (FOIA), the Board must disclose the records of 
the investigation that it brings back to its offices.
    The inability to guarantee that the information will remain 
confidential can strain the relations with the nation 
conducting the investigation. Much of the information developed 
in the course of the investigation can be quite sensitive. In 
the early stages, the information may be unverified and its 
premature release would provide no safety benefit and could be 
embarrassing to the host country or one of the other parties 
involved. Disclosure without the permission of the host country 
can have adverse diplomatic consequences as well. Paragraph 
5.26(b) of Annex 13 of the Chicago Convention specifies that 
nations ``shall not provide information on the progress and the 
findings of the investigation without the express consent of 
the State conducting the investigation.'' However, because of 
the FOIA, the U.S. has had to indicate that it may not adhere 
to this paragraph.
    Since NTSB cannot guarantee the confidentiality of 
information obtained in foreign accident investigations, its 
investigators bring back to their offices only those records 
that the foreign government has released or has authorized to 
be released. Frequently this means they bring back no records 
at all. This seriously undermines NTSB's contribution to the 
investigation. Moreover, it increases the agency's travel costs 
as its personnel have to go to foreign locations to have access 
to records. Most importantly, NTSB's limited access to key data 
make it more difficult for the Board to issue safety 
recommendations to prevent future accidents.
    The reported bill would address this problem by permitting 
the NTSB to withhold, for up to two years, information obtained 
in foreign accident investigations. This will provide the 
Board's investigators with more access to information and 
promote cooperation with foreign safety authorities. It will 
permit NTSB officials to participate effectively in foreign 
accident investigations. Ultimately, the temporary deferral of 
the release of foreign accident investigation information will 
enhance the Board's ability to prevent aircraft accidents in 
the future.
    It should be noted that this provision will not deny the 
public any information that is receives today. Currently, the 
public does not receive information from foreign accident 
investigations until the foreign country releases it. The 
reported bill will merely enhance the NTSB's access to this 
information. This will benefit the public by leading to 
improvements in aviation safety.

                Voluntarily provided safety information

    The aviation industry is a remarkably safe one. The 1995 
fatal accident rate per million miles flown by large scheduled 
airlines declined to 0.0004 from 0.0008 the year before. From 
the standpoint of aircraft departures, the fatal accident rate 
was 0.024 per 100,000 departures in 1995. Regional airlines 
showed similar improvements in their accident rate.
    Although the low accident rate is welcome, the recent crash 
of the ValuJet DC-9 tragically demonstrates that further 
improvements are still needed. Toward this end, the Committee 
is aware that the FAA, NTSB, and the aviation community are 
beginning to develop data sharing programs. These programs 
could help improve air safety by helping safety officials 
identify trends before they cause accidents. One such program 
is the flight operations quality assurance (FOQA) program under 
which in-flight data is collected during normal flights. 
Analysis of this data could help spot problems that now are 
uncovered only after an accident.
    The Committee wishes to encourage and promote these sorts 
of innovative safety programs. One possible impediment to full 
implementation, however, is the concern of some in the aviation 
community about the confidentiality of the data being shared. 
Much of the information could be quite sensitive. As with 
foreign accident information discussed above, there will be a 
reluctance to share such information if it will be publicly 
released.
    Arguably, this information would not have to be released 
under the Freedom of Information Act (FOIA) because it would be 
eligible for exemption under 5 U.S.C. 552(b)(4). This provision 
exempts from disclosure under FOIA trade secrets and commercial 
or financial information that is privileged and confidential. 
However, NTSB's decision to invoke this exemption and withhold 
the information is discretionary with the agency. Therefore, 
there is no assurance under current law that sensitive 
information will not be released.
    The reported bill provides the necessary assurances by 
prohibiting the Board from disclosing voluntarily provided 
safety information. This should alleviate the aviation 
community's concern and allow data sharing safety programs to 
move forward. It will not reduce the information available to 
the public since the public does not receive this information 
now. However, public safety will be enhanced by the increase in 
the Board's understanding of on-going trends in operations and 
technologies. The data and information that will be available 
to the NTSB as a result of this provision in the reported bill 
should be very useful in the formulation of the Board's safety 
recommendations.
    It should be noted that the bill's disclosure prohibition 
contains an exception to ensure that the NTSB can continue its 
practice of releasing information in the context of an accident 
or incident investigation.

                     Accident investigation classes

    The NTSB conducts accident investigation classes to train 
its own investigators as well as those of other agencies. There 
is a significant demand for training from these other agencies. 
The reported bill authorizes these classes and, more 
importantly, allows the agency to charge outsiders for the 
training and thereby recoup some of the costs it incurs from 
their attendance. It is the Committee's intention that the 
revenue generated from these classes be used to supplement the 
Board's appropriated funds.

                             Annual Report

    Currently, the Secretary of Transportation follows a 
literal interpretation of 49 U.S.C. 1135 and reports only on 
the response to NTSB's safety recommendations made to the 
Secretary, not on recommendations made to other DOT officials. 
The reported bill would clarify that the Secretary is 
responsible for the whole Department and therefore should 
include in this report to Congress the response to safety 
recommendations regardless of whether that recommendation was 
made to the Secretary, another DOT official, or a modal 
Administrator.

                       Section-by-Section Summary

                         Section 1--Short Title

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

                       Section 2--Terms of Office

    Increases the Chairman's term from 2 years to 4 years. This 
would apply only to persons designated as Chairman after the 
date of enactment.

                   section 3--Foreign Investigations

    Restricts the NTSB from disclosing information it receives 
as a result of its participation in a foreign accident 
investigation. This restriction also applies to others agencies 
that receive this information from the Board. The NTSB may 
release the information only after the foreign country 
conducting the investigation issues its final report or two 
years after the date of the accident, whichever occurs first. 
The NTSB also may disclose the information if the foreign 
country authorizes it to do so. This section does not prohibit 
the Board from referring to foreign accident information in 
making safety recommendations.

     section 4--Protection of Voluntarily Submitted of Information

    Prohibits the NTSB from disclosing voluntarily provided 
safety information if that information is not related to its 
accident or incident investigation authority and if it finds 
that the disclosure would inhibit the voluntary provision of 
that type of information. This prohibition also applies to any 
agency receiving this information from the Board.

                          section 5--Training

    Permits the NTSB to conduct training classes for its 
employees, to allow personnel from other agencies, foreign 
governments, private industry, and others to attend these 
classes, and to require these non-NTSB personnel to reimburse 
the Board for some or all of the costs of these classes. The 
reimbursement it receives shall be credited to the NTSB's 
appropriation as offsetting collections.

               section 6--Authorization of Appropriations

    Authorizes appropriations for NTSB of $40.3 million in 
fiscal year 1997, $42.4 million in fiscal year 1998, and $44.5 
million in fiscal year 1999.

              Section 7--Reports on Safety Recommendations

    Requires the Secretary of Transportation's report to 
Congress on its response to NTSB safety recommendations to be 
submitted on January 31, rather than January 1, and to include 
the response to NTSB recommendations made to other officials in 
the Department beside the Secretary.

                    Hearings and Legislative History

    The Subcommittee on Aviation held a hearing on the 
reauthorization of the National Transportation Safety Board on 
March 6, 1996. At that time, the Subcommittee heard from the 
Chairman and top officials of the NTSB.
    H.R. 3159 was introduced on March 26, 1996. On March 27, 
1996, the Subcommittee reported the bill to the full Committee 
on Transportation and Infrastructure. On May 9, 1996, the 
Committee on Transportation and Infrastructure order the bill 
reported, with an amendment, by voice vote.

                        Committee Consideration

    Clause 2(l)(2)(B) of rule XI requires each committee report 
to include the total number of votes cast for and against on 
each rollcall vote on a motion to report and on any amendment 
offered to the measure or matter, and the names of these 
members voting for and against.

                 Oberstar Substitute to Shuster (26-27)

    This amendment would have increased authorized funding 
levels in the second and third year of the authorization.
        MEMBERS VOTING AYE            MEMBERS VOTING NAY
Barcia                              Baker
Borski                              Bateman
Brown                               Blute
Clement                             Boehlert
Clyburn                             Clinger
Collins                             Coble
Costello                            Duncan
Cramer                              Ehlers
Cummings                            Ewing
Danner                              Franks
DeFazio                             Gilchrest
Filner                              Horn
Geren                               Hutchinson
Johnson                             Kelly
Lipinski                            Kim
McCarthy                            LaHood
Mascara                             LaTourette
Menendez                            Martini
Millender-McDonald                  Petri
Nadler                              Quinn
Norton                              Seastrand
Oberstar                            Tate
Poshard                             Wamp
Rahall                              Weller
Sawyer                              Young
Traficant                           Zeliff
                                    Shuster

    The Shuster amendment which adjusted the authorized funding 
level in the second year slightly downward and the authorized 
funding level in the third year slightly upward was then 
approved by a voice vote.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3)(A) of 
rule XI of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in the report.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 3159 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        Costs of the Legislation

    Clause 7 of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 403 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included below.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 3159.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
3159 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 31, 1996.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, U.S. House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3159, the National 
Transportation Safety Board Amendments of 1996.
    Enacting H.R. 3159 would not affect direct spending or 
receipts. Therefore, pay-as-you-go procedures would not apply 
to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               congressional budget office cost estimate

    1. Bill number: H.R. 3159.
    2. Bill title: National Transportation Safety Board 
Amendments of 1996.
    3. Bill status: As ordered reported by the House Committee 
on Transportation and Infrastructure on May 9, 1996.
    4. Bill purpose: This bill would amend Title 49 of the U.S. 
Code by: authorizing appropriations for the National 
Transportation Safety Board (NTSB) of $40.3 million for fiscal 
year 1997, $42.4 million for fiscal year 1999; revising the 
term of office for the Chairman of the NTSB; regulating the 
disclosure, availability, and use of information on trade 
secrets and foreign investigations; and authorizing certain 
training activities for employees of the NTSB and other 
personnel investigating accidents.
    5. Estimated cost to the Federal Government: The NTSB 
received an appropriation of $39 million for fiscal year 1996. 
Assuming appropriation of the entire amounts authorized, 
enacting H.R. 3159 would provide for increases in NTSB spending 
of $1 million to $3 million a year over the next three years, 
as shown in the following table.

----------------------------------------------------------------------------------------------------------------
                                                     1996     1997     1998     1999     2000     2001     2002 
----------------------------------------------------------------------------------------------------------------
Spending under current law:                                                                                     
    Budget Authority.............................       39  .......  .......  .......  .......  .......  .......
    Outlays......................................       38        4  .......  .......  .......  .......  .......
Proposed changes:                                                                                               
    Authorization level..........................  .......       40       42       45  .......  .......  .......
    Estimated outlays............................  .......       36       42       45        4  .......  .......
Spending under H.R. 3159:                                                                                       
    Authorization level \1\......................       39       40       42       45  .......  .......  .......
    Estimated outlays............................       38       40       42       45        4  .......  .......
----------------------------------------------------------------------------------------------------------------
\1\ The 1996 level is the amount appropriated for that year.                                                    

    The costs of this bill fall within budget function 400.
    6. Basis of estimate: For purposes of this estimate, CBO 
assumes that appropriations will be provided before the start 
of each fiscal year. Outlay estimates are based on historical 
spending rates for the NTSB.
    In addition, enacting H.R. 3159 would give the NTSB the 
authority to require personnel from other agencies to reimburse 
some or all of the costs incurred when they participate in 
training conducted by the NTSB. Any reimbursed amounts would be 
credited as offsetting collections to the appropriation of the 
NTSB. This provision would shift some training costs from the 
NTSB to other agencies, but would have no net impact on the 
budget.
    7. Pay-as-you-go considerations: None.
    8. Estimated impact on State, local, and tribal 
governments: The bill contains no intergovernmental mandates as 
defined in Public Law 104-4 and would have no impact on the 
budget of State, local, or tribal governments.
    9. Estimated impact on the private sector: This bill would 
impose no new private-sector mandates, as defined in Public Law 
104-4.
    10. Previous CBO estimate: None.
    11. Estimate prepared by: Federal cost estimate: Clare 
Doherty; State and local government impact: Karen McVey; 
Private sector impact: Jean Wooster.
    12. Estimate approved by: Robert A. Sunshine (For Paul N. 
Van de Water, Assistant Director for Budget Analysis).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, 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 matter is 
printed in italics, existing law in which no change is proposed 
is shown in roman):

                      TITLE 49, UNITED STATES CODE

          * * * * * * *

            CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD

          * * * * * * *

             SUBCHAPTER II--ORGANIZATION AND ADMINISTRATIVE

          * * * * * * *

Sec. 1111. General organization

  (a) * * *
          * * * * * * *
  (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.] The term of office of 
the Chairman shall be 4 years and the term of the Vice Chairman 
shall be 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.
          * * * * * * *

Sec. 1114. Disclosure, availability, and use of information

  (a) General.--Except as provided in subsections [(b) and (c)] 
(b), (c), and (e) 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 
identifiable 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.
  (b) Trade Secrets.--(1) * * *
          * * * * * * *
          (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.
          * * * * * * *
  (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. 1115. Training

  (a) * * *
          * * * * * * *
  (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. 1118. Authorization of appropriations

  (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, [and] $45,100,000 for fiscal 
year 1996, $40,300,000 for fiscal year 1997, $42,400,000 for 
fiscal year 1998, and $44,500,000 for fiscal year 1999. Such 
sums shall remain available until expended.
          * * * * * * *

                       SUBCHAPTER III--AUTHORITY

          * * * * * * *

Sec. 1135. Secretary of Transportation's responses to safety 
                    recommendations

  (a) * * *
          * * * * * * *
  (d) Reports to Congress.--The Secretary shall submit to 
Congress on January [1] 31 of each year a report containing 
each recommendation on transportation safety made by the Board 
to the Secretary or any other officer of the Department of 
Transportation during the prior year and a copy of the 
Secretary's or such officer's response to each recommendation.
          * * * * * * *
                            ADDITIONAL VIEWS

    During the Committee mark up, an amendment was offered by 
Congressman James L. Oberstar, Ranking Democratic Member of the 
Committee, which would have increased the funding levels 
authorized for the National Transportation Safety Board by a 
total of $4.9 million over the three year authorization. The 
small increase in funding would enable the NTSB to hire an 
additional 31 employees. The Committee defeated the amendment 
by one vote.
    We consider the staff increases contemplated by the 
amendment to be vital to the continued efficiency, the 
excellent work product, and the high degree of professionalism 
we have come to expect from the NTSB.
    In the past year, NTSB resources have been stretched to 
their very limits. The NTSB has been involved in several high 
profile, and very costly, accident investigations abroad. The 
NTSB investigators have been shuttled from one accident scene 
to the next because of the limited number of investigators with 
expertise in certain modes of transportation. In addition, NTSB 
has been encouraged to participate in the investigation of 
military aircraft accidents, such as the one that recently took 
place in Bosnia which took the lives of Secretary of Commerce 
Ron Brown and his delegation.
    At some point there must be an acknowledgment that what has 
come to be expected from the NTSB is not without costs. 
Further, we must keep in mind that, for every accident reported 
in the papers, there are scores of other accidents which the 
NTSB investigates. Though perhaps less publicized, these 
accident investigations, and the recommendations that result 
from them, prevent an untold number of accidents. The NTSB more 
than pays for itself in the accident related costs that are 
avoided because of NTSB's work.
    With NTSB's increasing workload, we are extremely concerned 
that the quality and integrity of the NTSB's accident 
investigations and safety recommendations will ultimately 
suffer if we continue to expect them to work with a skeletal 
staff. In an era of diminishing resources, funds must be better 
utilized. Investing in safety is one of the wisest investments 
that can be made. We cannot continue to praise the NTSB and 
take pride in the international acclaim of its work if we are 
going to limit the agency's funds and force them to cut short 
or not investigate accidents. Not giving the NTSB funds needed 
to do the work it is capable of doing is a disservice to the 
American public. The NTSB's funding levels must ensure that 
transportation safety receives the priority it deserves.
    Had the Oberstar amendment been adopted, the increased 
funding levels would have permitted the NTSB to increase its 
staff in targeted areas. The additional employees would have 
included six more rail specialists, six more highways 
specialists, and three more specialists in both the marine and 
pipeline modes. In addition, computer specialists, human 
factors specialists, flight data recorder specialists, 
rotocraft specialists, composite specialists and several other 
individuals who are vitally needed to operate the NTSB at a 
optimal level would have been added.
    A total of 31 safety and technical professionals would have 
been added to the NTSB workforce over the next three years for 
a total cost of $4.9 million more than the funding in the bill 
as reported.
    We have all become somewhat jaded when we speak in terms of 
money. Most of the other programs for which this Committee has 
oversight responsibilities have budgets of several billions of 
dollars. In some respects, because the NTSB's budget is a more 
understandable figure, we demand more explanation from them 
when they ask for an increase of resources. When the list of 
what the NTSB plans to do with its requested resources is 
reviewed, there are no excesses. There is an honest accounting 
of their needs. Given what we now know about the urgent need 
for rail safety improvements, is it excessive to ask for six 
additional rail safety experts in the next three years? Given 
that highway accidents continue to be a top killer of our 
nation's young people, are six additional highway safety 
specialists over the next three years unnecessary? Given that 
unintentional pilot error can result in the death of hundreds 
of people in a single accident, are two additional human 
factors experts a waste of taxpayer dollars?
    Less than one week after the Committee marked up H.R. 3159, 
a DC-9 aircraft operated by Valujet with 110 individuals on 
board crashed into the Florida Everglades, killing everyone on 
board. The conditions at the crash site were unlike anything 
NTSB investigators had ever encountered. The aircraft and its 
contents had been shattered into small pieces that were 
immersed in mud and limestone beneath murky swamp waters filled 
with predatory animals and saw grass. The recovery of aircraft 
parts and important flight data equipment posed a logistical 
nightmare. The county watched, mesmerized, as NTSB 
investigators meticulously searched miles of swamp inch by 
inch. Covered in protective suits, unable to remain in the 
toxic waters for more than 20 minutes at a time, NTSB 
investigators managed to recover more than 60% of the aircraft, 
including the flight data and cockpit voice recorders. Although 
there has been no official NTSB determination of probable 
cause, it appears likely that enough of the aircraft has been 
recovered to make such a determination.
    The Valujet accident amply demonstrates the need for 
additional NTSB personnel. One had only to watch the televised 
accounts of the investigation to understand that the NTSB was 
tasked with an extremely labor intensive investigation. The 
NTSB resources required to conduct the investigation properly 
impacted other, ongoing NTSB responsibilities. For example, the 
chief investigator of the Valuejet accident is also the chief 
investigator on the accident that occurred in Roselawn, 
Indiana, in which an American Eagle aircraft crashed, killing 
68 people. Shortly after the Valujet accident, information was 
provided to the NTSB on the Roselawn accident which needed to 
be reviewed in order for that investigation to proceed. 
Unfortunately, because the same individual is the chief 
investigator on both accidents, the Roselawn accident 
investigation is on hold until the chief investigator can turn 
his attention from the Valujet accident to the Roselawn 
accident, thus delaying the issuance of important safety 
recommendations. This is unacceptable.
    This Committee has an obligation to help the NTSB address 
potential safety problems before lives are lost. This cannot be 
accomplished if we continue to be penny wise and pound foolish 
with regard to this agency's funding levels.

                                   James L. Oberstar.
                                   Bob Borski.
                                   Peter A. DeFazio.
                                   Bud Cramer.
                                   Nick Rahall.
                                   Eleanor H. Norton.
                                   James E. Clyburn.
                                   William O. Lipinski.
                                   James A. Traficant, Jr.
                                   Jerry F. Costello.
                                   Jerrold Nadler.
                                   Bob Wise.
                                   Pat Danner.
                                   Corrine Brown.
                                   Frank Mascara.
                                   Bob Clement.
                                   Robert Menendez.
                                   Bob Filner.
                                   Juanita Millender-McDonald.
                                   Jim Barcia.
                                   Karen McCarthy.
                                   Tom Sawyer.
                                   Pete Geren.
                                   Barbara-Rose Collins.
                                   Elijah E. Cummings.
                                   Glenn Poshard.
                                   Eddie Bernice Johnson.
                                   Gene Taylor.