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