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Calendar No. 503
104th Congress Report
2d Session 104-324
NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS OF 1996
R E P O R T
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
July 19, 1996.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourth congress
LARRY PRESSLER, South Dakota,
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
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
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
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
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.
Jim Hall, Chairman.
Justification for Proposed FY 1996 Reprogramming Request and Amendment
to FY 1997 Reauthorization Request
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
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
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
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
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
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
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
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
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
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.
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
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.
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.
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
authorizing certain training activities for employees
of the NTSB and other personnel investigating
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 ....... ....... ....... ....... .......
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
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
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
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
The bill as reported would have no adverse impact on the
personal privacy of individuals.
There should be no change in paperwork requirements.
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
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
(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
(C) in a judicial proceeding under a court
order that preserves the confidentiality of the
information without impairing the proceeding;
(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
(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
(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
(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
(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
(c) Availability of Amounts.--Amounts appropriated under
this section remain available until expended.