[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5076 Enrolled Bill (ENR)]
H.R.5076
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To amend title 49, United States Code, to authorize appropriations for
fiscal years 2007 and 2008, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``National
Transportation Safety Board Reauthorization Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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(a) Annual Reports.--
(1) In general.--Section 1117 of title 49, United States Code,
is amended--
(A) in paragraph (2) by striking ``and'' after the
semicolon;
(B) in paragraph (3) by striking ``State.'' and inserting
``State;''; and
(C) by adding at the end the following:
``(4) a description of the activities and operations of the
National Transportation Safety Board Academy during the prior
calendar year;
``(5) a list of accidents, during the prior calendar year, that
the Board was required to investigate under section 1131 but did
not investigate and an explanation of why they were not
investigated; and
``(6) a list of ongoing investigations that have exceeded the
expected time allotted for completion by Board order and an
explanation for the additional time required to complete each such
investigation.''.
(2) Utilization plan.--
(A) Plan.--Within 90 days after the date of enactment of
this Act, the National Transportation Safety Board shall--
(i) develop a plan to achieve, to the maximum extent
feasible, the self-sufficient operation of the National
Transportation Safety Board Academy and utilize the
Academy's facilities and resources;
(ii) submit a draft of the plan to the Comptroller
General for review and comment; and
(iii) submit a draft of the plan to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives.
(B) Plan development considerations.--The Board shall--
(i) give consideration in developing the plan under
subparagraph (A)(i) to other revenue-generating measures,
including subleasing the facility to another entity; and
(ii) include in the plan a detailed financial statement
that covers current Academy expenses and revenues and an
analysis of the projected impact of the plan on the
Academy's expenses and revenues.
(C) Report.--Within 180 days after the date of enactment of
this Act, the National Transportation Safety Board shall submit
a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that includes--
(i) an updated copy of the plan developed pursuant to
subparagraph (A)(i);
(ii) any comments and recommendations made by the
Comptroller General pursuant to the Government
Accountability Office's review of the draft plan; and
(iii) a response to the Comptroller General's comments
and recommendations, including a description of any
modifications made to the plan in response to those
comments and recommendations.
(D) Implementation.--The plan developed pursuant to
subparagraph (A)(i) shall be implemented within 2 years after
the date of enactment of this Act.
(b) DOT Report on Compliance With Recommendations.--Section
1135(d)(3) of title 49, United States Code, is amended to read as
follows:
``(3) Compliance report with recommendations.--Within 90 days
after the date on which the Secretary submits a report under this
subsection, the Board shall review the Secretary's report and
transmit comments on the report to the Secretary, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House of
Representatives.''.

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(a) In General.--Section 4(a) of the National Transportation Safety
Board Reauthorization Act of 2003 (Public Law 108-168; 49 U.S.C. 1113
note) is amended by striking ``From the date of enactment of this Act
through September 30, 2006, the'' and inserting ``The''.
(b) Report.--Section 4(b) of such Act is amended--
(1) by striking ``On February 1, 2006,'' and inserting ``On
July 1 of each year, as part of the annual report required by
section 1117 of title 49, United States Code,''; and
(2) in paragraph (1) by striking ``for $25,000 or more''.

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Section 1137(d) of title 49, United States Code, is amended to read
as follows:
``(d) Authorizations of Appropriations.--
``(1) Funding.--There are authorized to be appropriated to the
Secretary of Transportation for use by the Inspector General of the
Department of Transportation such sums as may be necessary to cover
expenses associated with activities pursuant to the authority
exercised under this section.
``(2) Reimbursable agreement.--In the absence of an
appropriation under this subsection for an expense referred to in
paragraph (1), the Inspector General and the Board shall have a
reimbursable agreement to cover such expense.''.

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BOARD.
(a) In General.--Subchapter III of chapter 11 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 1138. Evaluation and audit of National Transportation Safety
Board
``(a) In General.--To promote economy, efficiency, and
effectiveness in the administration of the programs, operations, and
activities of the National Transportation Safety Board, the Comptroller
General of the United States shall evaluate and audit the programs and
expenditures of the National Transportation Safety Board. Such
evaluation and audit shall be conducted at least annually, but may be
conducted as determined necessary by the Comptroller General or the
appropriate congressional committees.
``(b) Responsibility of Comptroller General.--The Comptroller
General shall evaluate and audit Board programs, operations, and
activities, including--
``(1) information management and security, including privacy
protection of personally identifiable information;
``(2) resource management;
``(3) workforce development;
``(4) procurement and contracting planning, practices and
policies;
``(5) the extent to which the Board follows leading practices
in selected management areas; and
``(6) the extent to which the Board addresses management
challenges in completing accident investigations.
``(c) Appropriate Congressional Committees.--For purposes of this
section the term `appropriate congressional committees' means the
Committee on Commerce, Science and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 1137 the following:
``1138. Evaluation and audit of National Transportation Safety Board''.

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The National Transportation Safety Board, in consultation with the
Inspector General of the Department of Transportation, shall continue
to develop and implement comprehensive internal audit controls for its
operations. The audit controls shall address, at a minimum, Board asset
management systems, including systems for accounting management, debt
collection, travel, and property and inventory management and control.

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IMPROVEMENTS, 2006''.
Within 90 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives explaining why the Federal Aviation
Administration has not implemented the aviation recommendations in the
``Most Wanted Transportation Safety Improvements, 2006'' of the
National Transportation Safety Board.

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(a) In General.--Section 1118(a) of title 49, United States Code,
is amended--
(1) by striking ``and'' after ``2005,''; and
(2) by striking ``2006.'' and inserting ``2006, $81,594,000 for
fiscal year 2007, and $92,625,000 for fiscal year 2008.''.
(b) Fees, Refunds, and Reimbursements.--
(1) In general.--Section 1118(c) of such title is amended to
read as follows:
``(c) Fees, Refunds, and Reimbursements.--
``(1) In general.--The Board may impose and collect such fees,
refunds, and reimbursements as it determines to be appropriate for
services provided by or through the Board.
``(2) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, any fee, refund, or
reimbursement collected under this subsection--
``(A) shall be credited as offsetting collections to the
account that finances the activities and services for which the
fee is imposed or with which the refund or reimbursement is
associated;
``(B) shall be available for expenditure only to pay the
costs of activities and services for which the fee is imposed
or with which the refund or reimbursement is associated; and
``(C) shall remain available until expended.
``(3) Refunds.--The Board may refund any fee paid by mistake or
any amount paid in excess of that required.''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect on October 1, 2005.
(c) Report.--Section 1118(d) of title 49, United States Code, is
repealed.

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(a) Functional Unit for Marine Investigations.--Section 1111(g) of
title 49, United States Code, is amended by adding at the end the
following:
``(5) marine.''.
(b) Marine Casualty Investigations.--Section 1131(a)(1)(E) of such
title is amended--
(1) by striking ``on the navigable waters or territorial sea of
the United States,'' and inserting ``on or under the navigable
waters, internal waters, or the territorial sea of the United
States as described in Presidential Proclamation No. 5928 of
December 27, 1988,''; and
(2) by inserting ``(as defined in section 2101(46) of title
46)'' after ``vessel of the United States''.
(c) Reference to Departmental Authority.--Section 1131(c)(1) of
such title is amended by inserting ``or the Secretary of the department
in which the Coast Guard is operating'' after ``Transportation''.
(d) Appointment of Staff.--Section 1111 of such title is amended--
(1) by striking paragraph (1) of subsection (e) and inserting
the following:
``(1) appoint and supervise officers and employees, other than
regular and full-time employees in the immediate offices of another
member, necessary to carry out this chapter;'';
(2) by redesignating paragraphs (2) and (3) of subsection (e)
as paragraphs (3) and (4), respectively;
(3) by inserting after paragraph (1) of subsection (e) the
following:
``(2) fix the pay of officers and employees necessary to carry
out this chapter;'';
(4) by redesignating subsection (i) as subsection (j); and
(5) by inserting after subsection (h) the following:
``(i) Board Member Staff.--Each member of the Board shall select
and supervise regular and full-time employees in his or her immediate
office as long as any such employee has been approved for employment by
the designated agency ethics official under the same guidelines that
apply to all employees of the Board. Except for the Chairman, the
appointment authority provided by this subsection is limited to the
number of full-time equivalent positions, in addition to 1 senior
professional staff at a level not to exceed the GS 15 level and 1
administrative staff, allocated to each member through the Board's
annual budget and allocation process.''.
(e) Spelling Correction.--Section 1113(a) of such title is amended
in paragraphs (3) and (4) by striking ``subpena'' and inserting
``subpoena''.
(f) Board Review.--Section 1113(c) of such title is amended by
inserting after the period at the end the following: ``The Board shall
develop and approve a process for the Board's review and comment or
approval of documents submitted to the President, Director of the
Office of Management and Budget, or Congress under this subsection.''.
(g) Investigative Officers.--Section 1113 of such title is amended
by adding at the end the following:
``(h) Investigative Officers.--The Board shall maintain at least 1
full-time employee in each State located more than 1,000 miles from the
nearest Board regional office to provide initial investigative response
to accidents the Board is empowered to investigate under this chapter
that occur in that State.''.

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(a) Safety Area Alternatives.--With regard to an environmental
review of a project to improve runway safety areas on Runway 8/26 at
Juneau International Airport, the Secretary of Transportation may only
select as the preferred alternative the least expensive runway safety
area alternative that meets the standards of the Federal Aviation
Administration and that maintains the length of the runway as of the
date of enactment of this Act.
(b) Costs to Be Considered.--In determining what is the least
expensive runway safety area for purposes of subsection (a), the
Secretary shall consider, at a minimum, the initial development costs
and life cycle costs of the project.
(c) Satisfaction of Requirement.--With respect to the project
described in subsection (a), the requirements of section 303(c)(1) of
title 49, United States Code, shall be considered to be satisfied by
the selection of the least expensive safety area alternative.

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TO CENTRAL ARTERY TUNNEL PROJECT.
(a) Oversight of Safety Review.--The Inspector General of the
Department of Transportation shall provide objective and independent
oversight of the activities performed by the Federal Highway
Administration, the Massachusetts Executive Office of Transportation,
and the Massachusetts Department of Transportation for the project-wide
safety review initiated as a result of the July 10, 2006, accident in
the Central Artery tunnel project in Boston, Massachusetts. The
Inspector General shall ensure that such oversight is comprehensive,
complete, and carried out in a rigorous manner.
(b) Investigations of Criminal and Fraudulent Activities.--In
cooperation with the Attorney General of the United States and the
Attorney General of the Commonwealth of Massachusetts, the Inspector
General shall investigate criminal or fraudulent acts committed in the
design, expenditure of funds, and construction of the Central Artery
tunnel project.
(c) Reports to Congress.--The Inspector General shall submit to
Congress periodically reports on the oversight and investigative
activities conducted pursuant to this section, together with any
recommendations and observations of the Inspector General.  If the
Inspector General identifies any safety issues of a time sensitive and
critical nature in carrying out this section, the Inspector General
shall promptly notify Congress.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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National Transportation Safety Board Amendments Act of 2006 — HR. 5076

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