[Senate Report 104-324]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 503
104th Congress                                                   Report
                                SENATE    

 2d Session                                                     104-324
_______________________________________________________________________


 
          NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS OF 1996

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1831




                 July 19, 1996.--Ordered to be printed


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

    one hundred fourth congress
          second session
  LARRY PRESSLER, South Dakota, 
             Chairman
ERNEST F. HOLLINGS, South Carolina   TED STEVENS, Alaska
DANIEL K. INOUYE, Hawaii             JOHN McCAIN, Arizona
WENDELL H. FORD, Kentucky            CONRAD BURNS, Montana
J. JAMES EXON, Nebraska              SLADE GORTON, Washington
JOHN D. ROCKEFELLER IV, West VirginiaTRENT LOTT, Mississippi
JOHN F. KERRY, Massachusetts         KAY BAILEY HUTCHISON, Texas
JOHN B. BREAUX, Louisiana            OLYMPIA J. SNOWE, Maine
RICHARD H. BRYAN, Nevada             JOHN ASHCROFT, Missouri
BYRON L. DORGAN, North Dakota        BILL FRIST, Tennessee
RON WYDEN, Oregon                    SPENCER ABRAHAM, Michigan
  Patric G. Link, Chief of Staff
Kevin G. Curtin, Democratic Chief 
    Counsel and Staff Director


                                                       Calendar No. 503
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-324
_______________________________________________________________________


        NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS OF 1996

                                _______
                                

                 July 19, 1996.--Ordered to be printed

_______________________________________________________________________


      Mr. Pressler, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1831]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1831) ``A Bill to amend title 
49, United States Code, to authorize appropriations for fiscal 
year 1997, 1998, and 1999 for the National Transportation 
Safety Board, and for other purposes'', having considered the 
same, reports favorably thereon and recommends that the bill do 
pass.

                          Purpose of the Bill

    As reported, the bill would authorize appropriations for 
the National Transportation Safety Board (NTSB or Safety Board) 
in the amounts of $42,400,000 for fiscal year (FY) 1997, 
$44,400,000 for FY 1998 and $46,600,000 for FY 1999. The bill 
also amends the National Transportation Safety Board Act in 
several ways as requested by the Safety Board. These statutory 
changes include: (1) temporary deferral of Freedom of 
Information Act (FOIA) requests regarding foreign 
investigations; (2) statutory exemption of voluntarily supplied 
aviation data from FOIA; and (3) recovery of certain accident 
investigation training expenses.

                          Background and Needs

    The NTSB is an independent agency charged with determining 
the probable cause of transportation accidents and promoting 
transportation safety. The Safety Board investigates accidents, 
conducts safety studies, evaluates the effectiveness of other 
government agencies' programs for preventing transportation 
accidents, and reviews appeals of adverse certificate and civil 
penalty actions by the Administrators of agencies of the 
Department of Transportation involving airman and seaman 
licenses. Since its creation in 1967, the NTSB has investigated 
more than 100,000 aviation accidents and thousands of accidents 
in the surface transportation modes, and has issued almost 
10,000 safety recommendations.
    The Safety Board makes safety recommendations, based on its 
investigations and studies, to Federal, state, and local 
government agencies and to the transportation industry 
regarding actions to prevent future accidents. Because the 
Safety Board has no authority to regulate the transportation 
industry, its effectiveness depends on its reputation for 
timely and accurate determinations of accident causation and 
for issuing realistic and feasible safety recommendations.
    The Safety Board's reputation for impartiality and 
thoroughness has enabled it to achieve such success in shaping 
transportation safety improvements that more than 80 percent of 
its recommendations have been implemented. Over the years, 
these recommendations include fire resistant materials and 
floor-level escape lighting in aircraft cabins, child safety 
seats in automobiles, improved school bus construction 
standards, Amtrak passenger car safety improvements, new 
recreational boating safety and commercial fishing vessel 
regulations, the development of one-call notification systems 
in all 50 states and improved regulations for underground 
pipelines.

                          Legislative History

    The NTSB's authorization of appropriations expires at the 
end of FY 1996. On April 4, 1996, the NTSB submitted a 3-year 
reauthorization request to the Senate that proposes additional 
funding, additional staff, and statutory changes.
    Originally, the NTSB was willing to support the 
Administration's FY 1997 appropriations request for 350 Full 
Time Equivalents (FTEs), but it was not willing to support that 
level of funding in the out years. NTSB already has cut its 
staff by 15 in 1994, and by 4 in 1995 to comply with the 
President's Executive Order to reduce the number of federal 
employees.
    On May 30, 1996, the Safety Board submitted to Congress the 
following reprogramming request for FY 1996 along with an 
amendment to its FY 1997 reauthorization request, seeking 
additional funding to raise its FTEs to 370.

                      National Transportation Safety Board,
                                      Washington, DC, May 30, 1996.
Hon. Larry Pressler,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Chairman Pressler: Enclosed for your information is 
correspondence forwarded to the House and Senate Committees on 
Appropriations requesting resource adjustments.
    As you will note from the enclosure, the Safety Board is 
requesting that our appropriation and authorization request for 
FY 1997 reflect a 370 FTE level. Our request for an increase in 
our FTE level for FY 1997 is a direct result of an increase in 
major accident investigations in all modes of transportation, 
including the ValuJet accident near Miami, Florida, the USAir 
accident near Pittsburgh, Pennsylvania, the Fox River Grove, 
Illinois, school bus/train collision, and the MARC commuter 
train/Amtrak collision at Silver Spring, Maryland.
    Your consideration of our request is appreciated.
            Sincerely,
                                                Jim Hall, Chairman.
    Enclosure.

Justification for Proposed FY 1996 Reprogramming Request and Amendment 
                   to FY 1997 Reauthorization Request


                                overview


    The National Transportation Safety Board received an 
appropriation level sufficient to maintain its staffing 
strength at the 350 full-time equivalent (FTE) position level 
in fiscal year 1996. The Board also requested that same FTE 
level for fiscal year 1997, in both its authorization and 
appropriation requests. An authorized staffing level consistent 
with our current (FY 1996) authorization (384 FTEs) was 
requested for fiscal years 1998 and 1999.
    In its reauthorization request for FYs 1998 and 1999, the 
Board indicated that the additional 34 positions requested 
would provide the Board with the necessary staffing depth to 
launch complete multidisciplinary go-teams without having to 
halt work on current investigations or the recommendation 
process. Additional staff also would allow the necessary 
flexibility to adequately train personnel to ensure their 
currency with state-of-the-art and rapidly changing techniques 
and technologies, while at the same time allow us to maintain 
our readiness to respond immediately to transportation 
accidents.
    The Safety Board also expressed its concern regarding the 
physical, emotional, and psychological demands that are faced 
by our investigators and which are particularly inherent to a 
small, sharply focused organization such as ours.
    The Safety Board has been extremely busy in recent months 
as teams were launched to the scenes of several major accidents 
and significant incidents. In addition to three domestic 
aviation accidents, the Board's aircraft accident specialists 
have been launched to Cali, Colombia; and the Dominican 
Republic, to assist with accidents involving U.S. airlines and/
or U.S.-manufactured aircraft. In addition, at the request of 
the U.S. Air Force, the Board sent a team of investigators to 
Dubrovnik, Croatia, to provide its expertise in the 
investigation of the Air Force T-43 (Boeing-737) crash that 
killed Commerce Secretary Ron Brown. During the same period, 
teams of Safety Board railroad investigators were sent to the 
scenes of accidents at Bogalusa, Louisiana; Fox River Grove, 
Illinois; Gaithersburg, Maryland; Cajon Pass, California; 
Secaucus, New Jersey; and Silver Spring, Maryland. The Board's 
highway, marine, pipeline, and hazardous materials 
investigators also have been extremely busy.
    Since October, thirty-three teams of Safety Board 
investigators have been launched on significant accidents and 
incidents in all modes of transportation, adding to an already 
long list of ongoing investigations, and creating a potentially 
unworkable investigative backlog for next fiscal year. As a 
result, it has become necessary for the Safety Board to take 
the actions noted below in order to manage this situation for 
the rest of this fiscal year and into FY 1997:
          (1) cut back on purchases of replacement equipment 
        expenses to allow funding of additional staff;
          (2) complete implementation of a Board-wide COOP 
        program to provide immediate, low-cost relief to 
        investigative and technical staff for accomplishing 
        less technical tasks and to provide a source of high 
        quality candidates for filling future vacancies at 
        lower grade levels;
          (3) actively recruit to fill the most critical of the 
        positions that previously had been requested for 
        reauthorization in fiscal years 1998 and 1999; and
          (4) make the best use possible of automation and 
        computer reconstruction, simulation, and modeling 
        techniques to supplement and enhance investigative 
        analyses.
    These actions will reposition the Board to make the best 
use possible of its resources for this fiscal year, and with 
additional authorization and appropriation support, to be 
prepared to respond to expected continued increases in workload 
for future years.
    In aviation alone, the tremendous growth in commercial 
operations increases the potential for more incidents and 
accidents. By the year 2006, scheduled airline revenue 
passenger miles are projected to increase 61 percent for 
domestic operations, 97 percent for international operations, 
and 154 percent for regional/commuter operations. In addition, 
participation in the investigation of aviation accidents in 
foreign countries that involve U.S.-manufactured aircraft or 
U.S. operators has increased substantially in recent years. 
Because of the international nature of aviation, any safety 
issue overlooked in a foreign investigation can adversely 
affect U.S. airline safety. The considerable growth in 
international airline operations, including the growth of U.S. 
aircraft operating overseas, and the operation of foreign 
airlines and aircraft in the U.S., means that significant 
safety issues might be overlooked as a result of an 
insufficient number of qualified staff to respond to these 
accidents.
    Similar growth is expected in surface transportation. Class 
I railroad traffic totaled a record 1.2 trillion ton-miles in 
1994, 8.2 percent more than 1993. Transit passenger trips 
between 1980 and 1993 increased by 41 percent on ``light 
rail,'' 5 percent on ``heavy rail,'' and 15 percent on 
``commuter rail.''
    In highway, the number of miles traveled has increased 32 
percent between 1985 and 1995. Another 7 percent increase is 
expected over the next five years. Marine transportation also 
is seeing substantial growth as 27 new cruise ships are planned 
to be added to serve North American ports by 1998. The number 
of cruise ship passengers increase by 6.5 percent between 1994 
and 1995. In addition to the cruise industry, marine traffic 
carries more than 98 percent of our nation's foreign trade. 
This accounts for 20 percent of our current gross domestic 
product, and is expected to climb to 30 percent by the year 
2000.
    The exposure to accidents and incidents continues to 
increase in hazardous materials and pipeline transportation as 
well. Hazardous materials incidents in all modes of 
transportation increased by 180 percent between 1986 and 1994, 
while the number of gas pipeline distribution mains increased 
by 23 percent between 1984 and 1994.
    To meet the immediate demands of our accident investigative 
workload; to fulfill our vital transportation safety 
investigative and oversight role and to keep abreast with the 
introduction of advanced technologies in the transportation 
environment and the annual growth in the transportation 
industry, we must begin immediately to enhance our staffing 
depth for each of our critical technical, and investigative 
functions.

    The following chart shows the NTSB's authorization levels 
and final appropriations for FYs 1994, 1995, and 1996, and the 
NTSB's May 30th request for funding and personnel for FYs 1997, 
1998, and 1999.

----------------------------------------------------------------------------------------------------------------
                        Fiscal year                           1994     1995     1996     1997     1998     1999 
----------------------------------------------------------------------------------------------------------------
Authorized funding........................................     37.5     44.0     45.1     42.4     46.0     48.2
Authorized FTE level......................................    381.0    384.0    384.0    370.0    384.0    384.0
Appropriation\1\..........................................     37.1     37.1     38.8  .......  .......  .......
Actual FTE level..........................................    384.0    354.0    350.0  .......  .......  .......
----------------------------------------------------------------------------------------------------------------
\1\ NTSB request, including revision for FY 97 submitted May 30, 1996.                                          

    The Commerce Committee held a hearing on the NTSB's 
original reauthorization request on April 16, 1996. During that 
hearing, NTSB Chairman Jim Hall brought the Committee up to 
date on accident investigations in all transportation modes 
(civil aviation, highway, railroad, pipeline, marine), its most 
wanted safety improvements list, and technological changes it 
has utilized in investigations, such as advances in computer-
generated accident simulations. Chairman Hall also highlighted 
the Safety Board's reauthorization request.
    On June 4, 1996, Chairman Pressler and Senators Hollings, 
Lott, and Ford introduced S. 1831, a bill authorizing funding 
for fiscal years 1997, 1998, and 1999. In open executive 
session on Thursday, June 6, 1996, the Committee without 
objection ordered S. 1831 reported without amendment.

                      Summary of Major Provisions

    S. 1831 authorizes funding to support 370 FTEs for three 
years as follows:

------------------------------------------------------------------------
                 Fiscal year                     1997     1998     1999 
------------------------------------------------------------------------
Authorized funding...........................    $42.4    $44.4    $46.6
Authorized FTE level.........................    370.0    370.0    370.0
------------------------------------------------------------------------

    The Committee recognizes the Safety Board currently is 
experiencing the highest level of major accident investigations 
in its history. The Committee is committed to ensuring a 
sufficient level of funding and personnel for the Safety Board 
to carry out successfully its statutory mission. Therefore, the 
Committee agreed to support the Safety Board's revised request 
to fund 370 FTEs for FY 1997.
    The Committee recognizes the bill's authorization levels 
are lower than those requested for FYs 1998 and 1999. However, 
the Committee notes the levels in S. 1831 would allow for 20 
more FTEs than proposed in the House Transportation and 
Infrastructure Committee-passed bill, H.R. 3159, which freezes 
the Safety Board at its currently appropriated FTE level for 
the next three years. The Committee believes a staffing freeze 
would impair the Safety Board's ability to fulfill its 
statutory mission.
    The Committee expects the additional 20 FTEs requested by 
the Safety Board, and approved by the Committee, to be targeted 
for major accident investigation activities. The Committee 
concurs in the Safety Board's submission that the additional 
FTEs should be technically qualified so that they can provide 
the NTSB with the necessary staffing depth to launch back-to-
back complete multi-disciplinary go-teams without having to 
halt or delay work on current investigations or the safety 
recommendation process.
    In addition to setting authorization levels for three 
years, the bill also adopts a number of statutory changes as 
requested by the Safety Board:
    1. Temporary Deferral of Freedom of Information (FOIA) 
Requests for Information Regarding Foreign Investigations.--The 
bill provides for the temporary deferral of FOIA requests 
regarding the release of foreign aviation accident or incident 
information for 2 years or until the foreign government leading 
the investigation approves release of information. This would 
apply to NTSB participation in foreign accident investigations 
only. However, the NTSB would not be restricted from utilizing 
foreign accident investigation information in making safety 
recommendations.
    The December 1995 American Airlines accident in Colombia is 
a case in point. The Colombian government is leading the 
investigation and the NTSB is a participant. As a participant, 
NTSB has complete access to accident information, but the 
Government of Colombia, as the lead investigator, determines 
when any information is released. Since NTSB is covered under 
FOIA, any information in NTSB's possession could be released 
under a FOIA request. To avoid releasing information prior to 
the Colombian government's approval, the NTSB avoids bringing 
any accident information into the NTSB buildings. This hampers 
NTSB's ability to effectively investigate the accident.
    2. Statutory Exemption of Voluntarily Supplied Aviation 
Data From FOIA.--The bill would exempt aviation data 
voluntarily supplied to the NTSB from FOIA requests. The 
aviation industry currently generates and collects various 
kinds of information, but industry does not share it with the 
NTSB because of concerns the material would be released to the 
public. Some data, if voluntarily supplied to the government, 
is exempted from FOIA requests. This exemption, however, is at 
the discretion of the agency. The NTSB has requested the 
exemption be made permanent by statute instead of 
discretionary. The Committee hopes this provision will 
encourage the aviation industry to share more freely 
significant safety-related data with the Safety Board.
    3. Recovery of Certain Accident Training Expenses.--
Currently the NTSB trains its employees and others in subjects 
necessary for the proper performance of transportation accident 
investigations. The bill clarifies that costs incurred for 
training non-NTSB personnel in accident investigation matters 
may be reimbursed to the NTSB as off-setting collections.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and Section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 14, 1996.
Hon. Larry Pressler,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1831, the National 
Transportation Safety Board Amendments of 1996.
    Enactment of S. 1831 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.

               congressional budget office cost estimate

    1. Bill number: 1831.
    2. Bill title: National Transportation Safety Board 
Amendments of 1996.
    3. Bill status: As ordered reported by the Senate Committee 
on Commerce Science, and Transportation on June 6, 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 $42.4 million for 
        fiscal year 1997, $44.4 million for fiscal year 1998, 
        and $46.6 million for fiscal year 1999;
          revising the term of office for the Chairman and Vice 
        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 1996 
Assuming appropriation of the entire amounts authorized, 
enacting S. 1831 would provide for increases in NTSB spending 
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..........................  .......       42       44       47  .......  .......  .......
    Estimated outlays............................  .......       38       44       46        5  .......  .......
Spending Under S. 1831:                                                                                         
    Authorization level \1\......................       39       42       44       47  .......  .......  .......
    Estimated outlay.............................       38       42       44       46        5  .......  .......
----------------------------------------------------------------------------------------------------------------
\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 S. 1831 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 
budgets 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: On May 31, 1996, CBO transmitted 
a cost estimate for H.R. 3159, the National Transportation 
Safety Board Amendments of 1996, as ordered reported by the 
House Committee on Transportation and Infrastructure. S. 1831 
is very similar to the House bill, but it authorizes funding 
levels that are slightly higher than those in H.R. 3159.
    11. Estimate prepared by: Federal Cost Estimate: Clare 
Doherty. State and Local Government Impact: Karen McVey. 
Private Sector Impact: Jean Wooster.
    12. Estimated approved by: Robert P. Sunshine for Paul N. 
Van de Water, Assistant Director for Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported.

                       number of persons covered

    The number of persons covered should be consistent with 
current levels.

                            economic impact

    No negative impact on the taxpayer is expected from this 
bill. The bill authorizes appropriations similar to currently 
authorized levels, resulting in a reduction in authorized FTEs. 
The Safety Board also is authorized to collect reimbursements 
for certain costs associated with training courses it conducts. 
These reimbursements would be credited to the NTSB as 
offsetting collections.

                                privacy

    The bill as reported would have no adverse impact on the 
personal privacy of individuals.

                               paperwork

    There should be no change in paperwork requirements.

                      Section-by-Section Analysis

Section 1. Short title

    This section states the short title of the bill, the 
National Transportation Safety Board Amendments of 1996.

Section 2. Foreign investigations

    This section provides for temporary deferral of Freedom of 
Information Act (FOIA) requests regarding the release of 
foreign aviation accident or incident information for 2 years 
or until the foreign government leading the investigation 
approves release of information.

Section 3. Protection of voluntary submission of information

    The section provides statutory exemption from FOIA aviation 
data voluntary supplied to the NTSB.

Section 4. Training

    This section clarifies the Safety Board authority to 
request reimbursement from non-NTSB personnel attending Safety 
Board training courses for the costs associated with their 
attendance. These reimbursements would be credited to the NTSB 
as offsetting collections.

Section 5. Authorization of appropriations

    This section authorizes funding levels of $42.4 million for 
FY 1997, $44.4 million for FY 1998, and $46.6 million for FY 
1999.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, 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 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                        TITLE 49. TRANSPORTATION

                 Subtitle II. Other Government Agencies

            CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD

Subchapter II. Organization and Administrative

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) The Board may disclose information related to a 
        trade secret referred to in section 1950 of title 18 
        only--
                  (A) to another department, agency, or 
                instrumentality of the United States Government 
                when requested for official use;
                  (B) to a committee of Congress having 
                jurisdiction over the subject matter to which 
                the information is related, when requested by 
                that committee;
                  (C) in a judicial proceeding under a court 
                order that preserves the confidentiality of the 
                information without impairing the proceeding; 
                and
                  (D) to the public to protect health and 
                safety after giving notice to any interested 
                person to whom the information is related and 
                an opportunity for that person to comment in 
                writing, or orally in closed session, on the 
                proposed disclosure, if the delay resulting 
                from notice and opportunity for comment would 
                not be detrimental to health safety.
          (2) Information disclosed under paragraph (1) of this 
        subsection may be disclosed only in a way designed to 
        preserve its confidentiality.
          (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.
    (c) Cockpit Voice Recordings and Transcripts.--
          (1) The Board may not disclose publicly and part of a 
        cockpit voice recorder recording or transcript of oral 
        communications by and between flight crew members and 
        ground stations related to an accident or incident 
        investigated by the Board. However, The Board shall 
        make public any part of a transcript the Board decides 
        is relevant to the accident or incident--
                  (A) if the Board holds a public hearing on 
                the accident or incident, 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 or incident are 
                placed in the public docket.
          (2) This subsection does not prevent the Board from 
        referring at any time to cockpit voice recorder 
        information in making safety recommendations.
    (d) Drug Tests.--
          (1) Notwithstanding section 503(e) of the 
        Supplemental Appropriations Act, 1987 (Public Law 100-
        71, 101 Stat. 471), the Secretary of Transportation 
        shall provide the following information to the Board 
        when requested in writing by the Board:
                  (A) any report of a confirmed positive 
                toxicological test, verified as positive by a 
                medical review officer, conducted on an officer 
                or employee of the Department of Transportation 
                under post-accident, unsafe practice, or 
                reasonable suspicion toxicological testing 
                requirements of the Department, when the 
                officer or employee is reasonably associated 
                with the circumstances of an accident or 
                incident under the investigative jurisdiction 
                of the Board.
                  (B) any laboratory record documenting that 
                the test is confirmed positive.
          (2) Except as provided by paragraph (3) of this 
        subsection, the Board shall maintain the 
        confidentiality of, and exempt from disclosure under 
        section 552(b)(3) of title 5--
                  (A) a laboratory record provided the Board 
                under paragraph (1) of this subsection that 
                reveals medical use of a drug allowed under 
                applicable regulations; and
                  (B) medical information provided by the 
                tested officer or employee related to the test 
                or a review of the test.
          (3) The Board may use a laboratory record made 
        available under paragraph (1) of this subsection to 
        develop an evidentiary record in an investigation of an 
        accident or incident if--
                  (A) the fitness of the tested officer or 
                employee is at issue in the investigation; and
                  (B) the use of that record is necessary to 
                develop the evidentiary record.
    (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) Definition.--In this section, ``Institute'' means the 
Transportation Safety Institute of the Department of 
Transportation and any successor organization of the institute.
    (b) Use of Institute Services.--The National Transportation 
Safety Board may use, on a reimbursable basis the services of 
the Institute. The Secretary of Transportation shall make the 
Institute available to--
          (1) the Board for safety training of employees of the 
        Board in carrying out their duties and powers; and
          (2) other safety personnel of the United States 
        Government, State and local governments, governments of 
        foreign countries, interstate authorities, and private 
        organizations the Board designates in consultation with 
        the Secretary.
    (c) Fees.--
          (1) Training at the Institute for safety personnel 
        (except employees of the Government) shall be provided 
        at a reasonable fee established periodically by the 
        Board in consultation with the Secretary. The fee shall 
        be paid directly to the Secretary, and the Secretary 
        shall deposit the fee in the Treasury. The amount of 
        the fee--
                  (A) shall be credited to the appropriate 
                appropriation (subject to the requirements of 
                any annual appropriation); and
                  (B) is an offset against any annual 
                reimbursement agreement between the Board and 
                the Secretary to cover all reasonable costs of 
                providing training under this subsection that 
                the Secretary incurs in operating the 
                Institute.
          (2) The Board shall maintain an annual record of 
        offsets under paragraph (1)(B) of this subsection.
    (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 investigation. The Board 
may also authorize attendance at courses given under this 
subsection by other government 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 [49 U.S.C. 1101 et seq.] 
$37,580,000 for fiscal year 1994, $44,000,000 for fiscal year 
1995, [and] $45,100,000 for fiscal year [1996.] 1996, 
$42,400,000 for fiscal year 1997, $44,400,000 for fiscal year 
1998, and $46,600,000 for fiscal year 1999. Such sums shall 
remain available until expended.
    (b) Emergency Fund.--The Board has an emergency fund of 
$1,000,000 available for necessary expenses of the Board, not 
otherwise provided for, for accident investigations. The 
following amounts may be appropriated to the fund:
          (1) $1,000,000 to establish the fund.
          (2) amounts equal to amounts expended annually out of 
        the fund.
    (c) Availability of Amounts.--Amounts appropriated under 
this section remain available until expended.

                                
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