[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5076 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                H. R. 5076

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (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:

Sec. 1. Short title; table of contents.
Sec. 2. Reports.
Sec. 3. Investigation services.
Sec. 4. Expenses of DOT Inspector General.
Sec. 5. Evaluation and audit of the National Transportation Safety 
                            Board.
Sec. 6. Audit procedures.
Sec. 7. Implementation of NTSB's ``Most Wanted Transportation Safety 
                            Improvements, 2006''.
Sec. 8. Authorization of appropriations.
Sec. 9. Technical corrections.
Sec. 10. Safety review.
Sec. 11. DOT Inspector General oversight and investigations related to 
                            Central Artery tunnel project.

SEC. 2. REPORTS.

    (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.''.

SEC. 3. INVESTIGATION SERVICES.

    (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''.

SEC. 4. EXPENSES OF DOT INSPECTOR GENERAL.

    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.''.

SEC. 5. EVALUATION AND AUDIT OF THE NATIONAL TRANSPORTATION SAFETY 
              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''.

SEC. 6. AUDIT PROCEDURES.

     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.

SEC. 7. IMPLEMENTATION OF NTSB'S ``MOST WANTED TRANSPORTATION SAFETY 
              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.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (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.

SEC. 9. TECHNICAL CORRECTIONS.

    (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.''.

SEC. 10. SAFETY REVIEW.

    (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.

SEC. 11. DOT INSPECTOR GENERAL OVERSIGHT AND INVESTIGATIONS RELATED 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.

            Passed the House of Representatives December 6, 2006.

            Attest:

                                                                 Clerk.
109th CONGRESS

  2d Session

                               H. R. 5076

_______________________________________________________________________

                                 AN ACT

To amend title 49, United States Code, to authorize appropriations for 
          fiscal years 2007 and 2008, and for other purposes.