[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,
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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.