National Transportation Safety Board Reauthorization Act of 2006

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5076) to amend title 49, United States Code, to authorize appropriations for fiscal years 2007, 2008, and 2009, and for other purposes, as amended.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 5076.

Mr. Speaker, I yield myself such time as I may consume.

I am pleased to rise this afternoon in very strong support of this timely and certainly needed legislation. This legislation is the NTSB's, the National Transportation Safety Board's, authorization legislation, and it is currently provided for under a continuing resolution. The NTSB is a small but very important part of the Federal Government, and it makes some very critical contributions to our Nation's safety each year. The NTSB is charged with investigating civil aviation accidents and significant transportation accidents in other surface modes, including railroad, highway, marine, and pipeline accidents.

In addition, the NTSB assists the victims of aviation accidents, and where resources allow, Mr. Speaker, the NTSB also provides family assistance for accidents in other transportation modes.

As a member of the House Transportation and Infrastructure Committee and chairman of the Aviation Subcommittee, I can tell Members that the NTSB has provided tremendous service to this Nation and also to the traveling public in all modes of transportation for many years.

In the United States the 3-year average commercial aviation accident rate is .017 accidents per 100,000 departures, which means that the accident rate is the equivalent of one fatal accident for every 15 million passenger-carrying flights, which is an absolutely amazing record by any standard. I believe this unprecedented aviation safety record is in part due to the outstanding work over the years by hundreds and hundreds of NTSB professionals as well as the Federal Aviation Administration and also our aviation industry. But even with this outstanding safety record in commercial air transportation, we must continue to work towards making the system even safer, especially as we see increases in demand and also increases in congestion and passengers.

Since its creation in 1967, the NTSB has investigated more than 124,000 aviation accidents and at least 10,000 accidents in other modes of transportation. As a result of these investigations, the board has issued almost 12,000 safety recommendations, and over 82 percent of those recommendations have been adopted. The NTSB also serves as the ``court of appeals'' for any airman, mechanic, or mariner who has a problem with certificate action when it is taken by either the FAA administrator or the U.S. Coast Guard commandant.

I would also like to point out that last year marked the board's 15th anniversary of its ``Most Wanted'' list of transportation safety improvements. I believe this is a tool that has served the public very well. In fact, over the past 15 years, 85 percent of more than 260 recommendations that have been placed on the list have been accepted and also have been implemented.

H.R. 5076 provides for a 2-year reauthorization for both the fiscal years 2007 and 2008. This legislation would also provide for the hiring of critically needed transportation accident investigations positions. The board has determined through a human capital forecast which was conducted earlier this year that additional full-time employees are needed to effectively and efficiently meet the mission and support efforts that are expected of the board, and understanding our current

budget constraints, H.R. 5076 allows for slight increases in personnel to help address this important need.

Finally, Mr. Speaker, H.R. 5076 provides for changes such as consolidating reporting requirements, clarifying that the board has jurisdiction to investigate major marine accidents occurring on bodies of water located entirely within the boundaries of a State. And also it directs the NTSB to develop and implement a plan to achieve the self- sufficient operation of the NTSB Academy.

Mr. Speaker, with those comments, I reserve the balance of my time.

Mr. Speaker, I am pleased to yield as much time as he may wish to consume to the chairman of the full Transportation and Infrastructure Committee, the distinguished gentleman from Alaska (Mr. Young).

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I continue to reserve the balance of my time.

No other speakers, but I would like to reserve the opportunity to close.

Mr. Speaker, I would like to also add, for the record, that beyond the NTSB, this particular piece of legislation also includes a provision requiring the Department of Transportation Inspector General to provide an independent oversight of the project-wide safety review of the central artery tunnel project in Boston, Massachusetts, otherwise known as the Big Dig. This safety review was initiated as a result of the July 10, 2006 accident that resulted in the tragic loss of life by a motorist there.

The bill also requires the Inspector General to investigate criminal or fraudulent acts committed in the design and construction of the project and report to Congress on its oversight of this project.

Because of the NTSB's broad jurisdiction over all modes of transportation, this bill required the coordinated efforts of many people. So, in conclusion, Mr. Speaker, first I want to thank Chairman Young, who has done an incredible job leading the T&I Committee, I have had the honor to be one of his subcommittee chairs for the past 6 years; Ranking Member Oberstar, Aviation Subcommittee Ranking Member Mr. Costello, and for all of his staff and their efforts on behalf of this legislation.

Then I also want to thank, this is probably our last piece of legislation, my last piece as chairman of the Aviation Subcommittee, a difficult task over some difficult 6 years now in America's history and the history of aviation in this country. But I want to personally thank our staff director Jim Coon, who has helped lead that effort; professional staffer Sharon Barkeloo; Holly Woodruff Lyons; Chris Brown; and our clerk, Jason Rosa; and two people who aren't with us, Mr. David Schaeffer, who was the staff director during 9/11 and some of the very trying times we experienced; and also Sharon Pinkerton, my chief legislative transportation counsel. They are no longer with us. So I want to thank everyone for their work on this important piece of legislation.

This version of the bill currently before the House has been negotiated with our counterparts in the Senate to expedite its consideration in the other body in the hope that this important legislation can and will be enacted before the 109th Congress adjourns sine die later this week. To that end, I urge my colleagues to support H.R. 5076, as amended.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I thank the gentleman for the work he has done on this legislation, and the ranking member on the other side of the aisle.

This is a good piece of legislation. It should be passed. I urge my colleagues to support it. It has been fairly vetted, and I am confident that with the passage of this and on the President's desk, we will do the job to make sure that not only are the flying industry safe, but all other forms of transportation are safe.

Mr. Speaker, I would like to clarify the intent of several provisions that were added to H.R. 5076, as amended, since it was reported by the House Committee on Transportation and Infrastructure.

Section 5 of the bill as amended requires the General Accountability Office (GAO) to evaluate and audit the programs and expenditures of the National Transportation Safety Board (NTSB) at least annually.

This provision will provide greater oversight of the NTSB without risking any infringement on the Board's independence that could result from having the U.S. Department of Transportation (DOT) Inspector General perform this audit function.

When the NTSB was first established in 1967, it initially relied on DOT for funding and administrative support. In 1975, under the Independent Safety Board Act, all organizational ties to DOT were severed.

The NTSB serves as an independent ``watchdog'' over the DOT, as well as State transportation agencies, recommending actions these agencies should take to improve safety. Therefore, maintaining NTSB's strict independence from DOT is critically important to NTSB's mission.

Under H.R. 5076 as amended, the DOT Inspector General's current authority under 49 U.S.C. 1137 to review the financial management, property management, and business operations of the NTSB, including internal accounting and administrative control systems, is unchanged.

Section 4 of the bill clarifies how these functions of the Inspector General should be funded. Currently, the NTSB reimburses the Inspector General for the costs incurred by the Inspector General in carrying out 49 USC 1137. H.R. 5076 clarifies that an appropriation of funds directly to the Inspector General for these activities is preferable to a reimbursable agreement, but if such an appropriation is not available, then a reimbursable agreement should be used instead.

It is not Congress' intent that GAO and the DOT IG will in any way duplicate each others' work. Rather, Congress intends for GAO and the DOT IG to continue their current practice of coordinating their audit planning for the NTSB such that there is no duplication of effort between the two agencies as the GAO undertakes the specific responsibilities assigned by Congress under this bill.

Section 2(a)(1) of the bill requires the Board to submit to Congress a list of accidents the Board was required to investigate, as well as a list of ongoing investigations exceeding the time allotted by Board order. This reporting requirement would not apply to accident types which the NTSB may voluntarily elect to investigate, but is not required to investigate, under current law, such as railroad grade- crossing or highway accidents.

Section 2(a)(2) of the bill requires NTSB to develop and implement a plan to achieve, to the maximum extent feasible, the self-sufficient operation of the NTSB Academy. This facility has in the past consumed too large a portion of NTSB's budget resources, to the detriment of the NTSB's core accident investigation mission. I encourage the NTSB to develop a plan to make better use of this facility and reduce the burden it imposes on the NTSB's budget.

Section 11 instructs the Inspector General of the U.S. Department of Transportation to conduct oversight of the reviews currently underway at the Federal Highway Administration and the Commonwealth of Massachusetts of the tragic July 10, 2006, fatal accident in the Central Artery tunnel project in Boston, Massachusetts. The section also instructs the Inspector General to investigate, in cooperation with the U.S. Attorney General and the Attorney General of the Commonwealth of Massachusetts, any criminal or fraudulent acts committed in the execution of the project. I do not intend for the Inspector General to duplicate the current reviews. The purpose of this section is to evaluate the reviews to ensure that the aforementioned public agency oversight underway of this past summer's accident is thorough and rigorous so the lessons learned will prevent future tragedies.

Mr. Speaker, I rise in support of H.R. 5076, the National Transportation Safety Board Reauthorization Act of 2006.

This Agency's roots go back to 1926 when the Air Commerce Act vested the Department of Commerce with the authority to investigative aircraft accidents. During the 1966 consolidation of various transportation agencies into the Department of Transportation (DOT), the National Transportation Safety Board (NTSB) was created as an independent agency within DOT to investigate accidents in all transportation modes. In 1974, Congress further demonstrated its resolve to ensure that NTSB would retain its independence by re-establishing the Board as a totally separate entity, distinct from DOT.

Since its inception in 1967, the NTSB has investigated more than 124,000 aviation accidents and over 10,000 surface transportation accidents, making it the world's premier accident investigation agency. In the last six years alone, the NTSB has investigated, or caused to be investigated, over 11,000 aviation accidents, 205 highway accidents, 91 railroad accidents, 33 pipeline accidents, 38 marine accidents; and a total of 1129 safety recommendations have been issued. This is no small feat, given the size of this agency: only 396 employees in 10 regional offices.

While the NTSB gets perhaps its greatest visibility when there is an aviation tragedy, that should not overshadow the very significant and important work the agency performs in pipelines, maritime, rail, truck, and automotive transportation.

To maintain its position as the world's preeminent investigative agency, it is imperative that the NTSB has the resources necessary to handle increasingly complex accident investigations. The NTSB needs sufficient funding to sustain budget and personnel for both its headquarters operations as well as the Academy. Accordingly, this bill authorizes increased funding over the next two years: $81.6 million in FY2007 and $92.6 million in FY2008.

H.R. 5076 provides an extra $1.7 million in FY2007 to hire an additional 11 investigators that the Agency needs to fulfill its critical mission. Moreover, the bill provides funding for an additional 20 full-time equivalent employees in 2008 to enable NTSB to meet its core mission of accident investigation.

The bill also clarifies that the Board has jurisdiction to investigate major marine casualties occurring on all bodies of water ``on or under the navigable waters, internal waters, or the territorial sea of the United States, such as the Ethan Allen accident on Lake George, New York, that occurred on October 2, 2005, killing 20 passengers. Further, the bill ensures that each member of the Safety Board, not the Chairman, retains the authority to appoint employees on their own personal staff. The bill also requires the Government Accountability Office to conduct an annual audit of the NTSB's programs and expenditures.

Finally, H.R. 5076 permits the agency to use funds that it collects as refunds or reimbursements associated with its direct mission costs even if the funds are collected in a subsequent fiscal year, as well as extends the expedited contracting procedures that were authorized in the Board's 2003 authorization.

Having a well-funded, well-trained NTSB workforce is of the utmost importance for the American traveling public, and I urge my colleagues to support passage of this bill.

Mr. Speaker, today I along with Representatives Nadler, Bishop, Owens, McCarthy and Serrano are introducing the ``Victims Compensation Fund Extension Act.''

In the immediate aftermath of the September 11 terrorist attacks the Congress created the Victims Compensation Fund (VCF) to provide compensation for victims of 9/11. This fund provided aid to the families of 9/11 victims and to individuals who suffered personal injury. Among other things, aid from the fund pays for medical expenses and lost wages. In return for accepting these funds, recipients relinquished rights to any future litigation. The fund had a deadline for applicants of December 22, 2003.

At the deadline, close to 100 percent of the families who lost a loved one had filed with the fund, but many individuals who were injured as a direct result of 9/11 had not. After the filing, many of the injured were denied benefits, despite a clear need.

The main reasons for not filing applications included people who did not know they were eligible as well as others whose injuries were late- onset. There are literally hundreds of individuals who are now just developing career-ending injuries--such as pulmonary and respiratory ailments--but are not eligible to receive assistance because they developed their symptoms after the deadline.

Largely as a result of the VCF's restrictions on applicants, 1,755 of the 4,430 personal injury claims considered were denied. While there was some leeway, the rules required workers to have arrived at Ground Zero within 96 hours of the attack and would have needed to seek medical treatment within 72 hours. This is reasonable for rescue workers who suffered immediate injuries, but leaves no recourse for individuals with late-onset injuries or who arrived after September 15, 2001 to assist in the recovery effort and are now suffering from injuries.

In order to care for the individuals who are now just developing physical injuries and to provide an opportunity for injured individuals who did not know they were eligible, we are re-introducing the Victims Compensation Fund Extension Act (H.R. 5076 in the 108th Congress).

This bill would:

Amend eligibility rules so that responders to the 9/11 attacks who arrived later than the first 96 hours could be eligible if they experienced illness or injury from their work at the site.

Amend eligibility rules so that those who did not seek immediate medical verification for their illness or injury from the disaster, but who have since obtained medical evidence, would be eligible.

Extend the deadline for applications to allow those with either late- onset illness from the disaster or those who were never informed of their eligibility for the Victim Compensation Fund to consider applying.

Mr. Speaker, I yield myself as much time as I may consume.

Mr. Speaker, I thank the subcommittee chairman, Mr. Mica. I would like to thank Chairman Young, Mr. Oberstar, Mr. Mica, for joining me in introducing H.R. 5076, the National Transportation Safety Board Reauthorization Act of 2006.

The NTSB makes safety recommendations to Federal, State and local government agencies and to the transportation industry regarding actions and recommendations that should be taken to prevent accidents and improve safety.

Since its inception in 1967, the NTSB has issued almost 12,000 safety recommendations in all modes of transportation. The regulatory and transportation communities have accepted over 82 percent of these recommendations.

This is significant, given the size of this agency: only 396 employees and 10 regional offices.

The NTSB's recommendations and its vigilance on safety issues result in improvements in the way we conduct the business of transportation in all modes of transportation.

Transportation accidents are increasingly complex, and the NTSB maintains the highly qualified technical staff and necessary tools to efficiently produce thorough and unbiased investigations and recommendations for the public and policymakers.

I am pleased the reauthorization bill before us today authorizes $1.7 million more than the NTSB's current budget request for fiscal year 2007, which will allow for 11 more investigators to be hired by the agency.

To maintain its position as the preeminent transportation investigative agency, the NTSB must have the resources necessary to handle increasingly complex accident investigations, as well as to adequately train its staff.

Reauthorization is essential to ensuring this agency has the necessary resources to conduct thorough safety investigations, and I urge my colleagues to support H.R. 5076.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield 2 minutes to my friend and colleague from Oregon (Mr. DeFazio).

I would ask the gentleman if he has other speakers.

Mr. Speaker, we have no further requests on our side, so I would yield back the balance of my time.