[Congressional Record Volume 152, Number 121 (Monday, September 25, 2006)]
[Senate]
[Pages S10100-S10104]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF 2006

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 613, S. 3679.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 3679) to authorize appropriations for the 
     National Transportation Safety Board, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Commerce, Science, and 
Transportation with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

                                S. 3679

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S10101]]

     [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. Repeal of reimbursement for DOT inspector general services.
[Sec. 4. Contracting requirements for investigation services.
[Sec. 5. Technical corrections.
[Sec. 6. AMTRAK plan to assist families of passengers involved in rail 
              passenger accidents.
[Sec. 7. Inspector General of the National Transportation Safety Board.
[Sec. 8. Audit procedures.
[Sec. 9. Authorization of appropriations.

     [SEC. 2. REPORTS.

     [  (a) Annual Reports.--
       [(1) In general.--Section 1117 of title 49, United States 
     Code, is amended--
       [(A) by striking ``and'' after the semicolon in paragraph 
     (2);
       [(B) by striking ``State.'' in paragraph (3) 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 
     of this title 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 the self-sufficient 
     operation of the National Transportation Safety Board Academy 
     and utilize fully 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 Senate Committee 
     on Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure.
       [(B) Plan development considerations.--The Board shall--
       [(i) give consideration in developing the plan to 
     subleasing the facility to another entity or other revenue-
     generating measures; 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 Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Transportation and Infrastructure that includes--
       [(i) an updated copy of the plan;
       [(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 shall be fully implemented 
     within 2 years after the date of enactment of this Act.
       [(b) DOT Report on Compliance With Recommendations.--Within 
     90 days after the Secretary of Transportation submits a 
     report under section 1135(d) of title 49, United States Code, 
     the National Transportation Safety Board shall review the 
     Secretary's report and transmit comments on the report to the 
     Secretary, the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure.
       [(c) Transportation Safety Reauthorization 
     Recommendations.--The Board shall, as appropriate, provide 
     recommendations and comments to the Congress pertaining to 
     pending transportation safety legislation.

     [SEC. 3. REPEAL OF REIMBURSEMENT FOR DOT INSPECTOR GENERAL 
                   SERVICES.

       [Section 1137 of title 49, United States Code, is amended 
     by striking subsection (d).

     [SEC. 4. CONTRACTING REQUIREMENTS FOR INVESTIGATION SERVICES.

       [(a) In General.--Section 1113(b) of title 49, United 
     States Code, is amended--
       [(1) by striking ``and'' after the semicolon in paragraph 
     (1)(H);
       [(2) by redesignating subparagraph (I) as subparagraph (J) 
     in paragraph (1);
       [(3) by inserting after subparagraph (H) of paragraph (1) 
     the following:
       [```(I) for an investigation under section 1131, enter into 
     agreements or contracts without regard to any other provision 
     of law requiring competition, if necessary to expedite the 
     investigation; and''; and
       [(4) by striking ``(1)(I)'' each place it appears in 
     paragraph (2) and inserting ``(1)(J)''.
       [(b) Report on Usage.--Section 1117 of title 49, United 
     States Code, as amended by section 2, is further amended--
       [(1) by striking ``and'' after the semicolon in paragraph 
     (5);
       [(2) by striking ``investigation.'' in paragraph (6) and 
     inserting ``investigation; and''; and
       [(3) by adding at the end the following:
       [``(7) a description of each contract executed during the 
     preceding calendar year under the authority of section 
     1113(b)(1)(I), and the rationale for dispensing with 
     competition requirements with respect to each such 
     contract.''.

     [SEC. 5. 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 title 49, United States Code, is amended--
       [(1) by striking ``on the navigable waters or territorial 
     sea of the United States,'' and inserting ``on the navigable 
     waters, all internal waters, and the territorial sea of the 
     United States,''; and
       [(2) by inserting ``(as defined in section 2101(46))'' 
     after ``vessel of the United States''.
       [(c) Reference to Departmental Authority.--Section 
     1131(c)(1) of title 49, United States Code, is amended by 
     inserting ``or the Secretary of the department in which the 
     Coast Guard is operating'' after ``Transportation''.
       [(d) Appointment of Managing Director.--Section 1111 of 
     title 49, United States Code, 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 fulltime 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, and inserting 
     after paragraph (1) the following:
       [``(2) fix the pay of officers and employees necessary to 
     carry out this chapter;'';
       [(3) by redesignating subsection (i) as subsection (k); and
       [(4) by inserting after subsection (h) the following:
       [``(i) Managing Director.--The Board shall have a Managing 
     Director who shall be--
       [``(1) appointed by the Chairman, in consultation with the 
     Board; and
       [``(2) approved by the Board, pursuant to a procedure 
     developed and adopted by the Board.
       [``(j) Board Member Staff.--Each member of the Board shall 
     appoint and supervise regular and fulltime 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. The appointment authority provided by 
     this subsection is limited to the number of fulltime 
     equivalent positions, in addition to 1 senior professional 
     staff at the GS-15 level and 1 administrative staff, 
     allocated each member through the Board's annual budget and 
     allocation process.''.
       [(e) Board Approval.--Section 1113(c) of title 49, United 
     States Code, is amended by inserting ``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 the 
     Congress under this subsection.'' after ``Congress.''.
       [(f) Investigation Tracking System.--Within 6 months after 
     the date of enactment of this Act, the National 
     Transportation Safety Board shall develop and implement a 
     process or system available to all Board members that tracks 
     the status and activities associated with all ongoing and 
     pending investigations undertaken by the Board, including the 
     expected completion date, staff assignments, and such other 
     information as the Board may require for the investigations.
       [(g) Investigative Officers.--Section 1113 of title 49, 
     United States Code, is amended by adding at the end thereof 
     the following:
       [``(h) Investigative Officers.--The Board shall maintain at 
     least 1 fulltime 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 
     those States.''.

     [SEC. 6. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS 
                   INVOLVED IN RAIL PASSENGER ACCIDENTS.

       [(a) In General.--Chapter 243 of title 49, United States 
     Code, is amended by adding at the end the following:

     [``Sec. 24316. Plans to address needs of families of 
       passengers involved in rail passenger accidents

       [``(a) Submission of Plan.--Not later than 6 months after 
     the date of the enactment of the Rail Security Act of 2005, 
     Amtrak shall submit to the Chairman of the National 
     Transportation Safety Board, the Secretary of Transportation, 
     and the Secretary of Homeland Security a plan for addressing 
     the needs of the families of passengers involved in any rail 
     passenger accident involving an Amtrak intercity train and 
     resulting in a loss of life.
       [``(b) Contents of Plans.--The plan to be submitted by 
     Amtrak under subsection (a) shall include, at a minimum, the 
     following:

[[Page S10102]]

       [``(1) A process by which Amtrak will maintain and provide 
     to the National Transportation Safety Board and the Secretary 
     of Transportation, immediately upon request, a list (which is 
     based on the best available information at the time of the 
     request) of the names of the passengers aboard the train 
     (whether or not such names have been verified), and will 
     periodically update the list. The plan shall include a 
     procedure, with respect to unreserved trains and passengers 
     not holding reservations on other trains, for Amtrak to use 
     reasonable efforts to ascertain the number and names of 
     passengers aboard a train involved in an accident.
       [``(2) A plan for creating and publicizing a reliable, 
     toll-free telephone number within 4 hours after such an 
     accident occurs, and for providing staff, to handle calls 
     from the families of the passengers.
       [``(3) A process for notifying the families of the 
     passengers, before providing any public notice of the names 
     of the passengers, by suitably trained individuals.
       [``(4) A process for providing the notice described in 
     paragraph (2) to the family of a passenger as soon as Amtrak 
     has verified that the passenger was aboard the train (whether 
     or not the names of all of the passengers have been 
     verified).
       [``(5) A process by which the family of each passenger will 
     be consulted about the disposition of all remains and 
     personal effects of the passenger within Amtrak's control; 
     that any possession of the passenger within Amtrak's control 
     will be returned to the family unless the possession is 
     needed for the accident investigation or any criminal 
     investigation; and that any unclaimed possession of a 
     passenger within Amtrak's control will be retained by the 
     rail passenger carrier for at least 18 months.
       [``(6) A process by which the treatment of the families of 
     nonrevenue passengers will be the same as the treatment of 
     the families of revenue passengers.
       [``(7) An assurance that Amtrak will provide adequate 
     training to its employees and agents to meet the needs of 
     survivors and family members following an accident.
       [``(c) Use of Information.--The National Transportation 
     Safety Board, the Secretary of Transportation, and Amtrak may 
     not release any personal information on a list obtained under 
     subsection (b)(1) but may provide information on the list 
     about a passenger to the family of the passenger to the 
     extent that the Board or Amtrak considers appropriate.
       [``(d) Limitation on Liability.--Amtrak shall not be liable 
     for damages in any action brought in a Federal or State court 
     arising out of the performance of Amtrak in preparing or 
     providing a passenger list, or in providing information 
     concerning a train reservation, pursuant to a plan submitted 
     by Amtrak under subsection (b), unless such liability was 
     caused by Amtrak's conduct.
       [``(e) Limitation on Statutory Construction.--Nothing in 
     this section may be construed as limiting the actions that 
     Amtrak may take, or the obligations that Amtrak may have, in 
     providing assistance to the families of passengers involved 
     in a rail passenger accident.
       [``(f) Funding.--There shall be made available to the 
     Secretary of Transportation for the use of Amtrak $500,000 
     for fiscal year 2007 to carry out this section. Amounts made 
     available pursuant to this subsection shall remain available 
     until expended.''.
       [(b) Conforming Amendment.--The chapter analysis for 
     chapter 243 of title 49, United States Code, is amended by 
     adding at the end the following:

[``24316.  Plan to assist families of passengers involved in rail 
              passenger accidents.''.

     [SEC. 7. INSPECTOR GENERAL OF THE NATIONAL TRANSPORTATION 
                   SAFETY BOARD.

       [(a) In General.--Section 1137 of title 49, United States 
     Code, is amended to read as follows:

     [``Sec. 1137. Designation of the Department of Transportation 
       Inspector General as Inspector General of the National 
       Transportation Safety Board

       [``(a) Establishment of Inspector General of the National 
     Transportation Safety Board.--In order to promote economy, 
     efficiency, and effectiveness in the administration of, and 
     to prevent and detect fraud and abuse in the programs, 
     operations, and activities of the National Transportation 
     Safety Board, the Inspector General of the Department of 
     Transportation shall serve as the Inspector General of the 
     National Transportation Safety Board.
       [``(b) Authority of the Inspector General.--
       [``(1) The Inspector General shall exercise such authority 
     as provided by the Inspector General Act of 1978, and other 
     applicable laws, over Board programs, operations and 
     activities not directly associated with specific accident 
     investigations or adjudications, including--
       [``(A) financial management, property management, and 
     business operations, including internal accounting and 
     administrative control systems;
       [``(B) information management and security, including 
     privacy protection of personally identifiable information;
       [``(C) resource management;
       [``(D) workforce development;
       [``(E) procurement and contracting planning, practices and 
     policies;
       [``(F) malfeasance in office by Board employees and 
     contractors; and
       [``(G) allegations of false statements, fraud, and other 
     criminal activity within the jurisdiction of the Board.
       [``(2) In consultation with the Senate Committee on 
     Commerce, Science, and Transportation or the House Committee 
     on Transportation and Infrastructure Committee, the Inspector 
     General may conduct an audit, investigation, or other review 
     on matters not described in subparagraphs (A) through (G) of 
     paragraph (1).
       [``(c) Duties.--In carrying out this section, the Inspector 
     General shall--
       [``(1) report directly to the Chairman of the Committee and 
     ensure that the Chairman is kept fully and currently informed 
     concerning fraud and other serious problems, abuses, and 
     deficiencies relating to the administration of programs, 
     operations, and activities of the Board;
       [``(2) recommend to the Chairman corrective action 
     concerning such problems, abuses, and deficiencies;
       [``(3) report to the Chairman on the progress made in 
     implementing such corrective action; and
       [``(4) promptly notify the Chairman on any problems related 
     to access for information or carrying out an audit or 
     investigation.
       [``(d) Information Provided to Board Members.--The 
     Inspector General and Chairman shall ensure that all members 
     of the Board are informed of major work in progress through 
     regular and periodic briefings and, as appropriate, on a 
     timelier basis for matters of a significant nature.
       [``(e) Authorization for Appropriations.--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 as the Inspector General of the Board. In 
     the absence of an appropriation, the Inspector General and 
     the Board shall have a reimbursable agreement to cover such 
     expenses.''.
       [(b) Conforming Amendment.--The chapter analysis for 
     chapter 11 of title 49, United States Code, is amended by 
     striking the item relating to section 1137 and inserting the 
     following:

[``1137. Designation of the Department of Transportation Inspector 
              General as Inspector General of the National 
              Transportation Safety Board.''.

     [SEC. 8. AUDIT PROCEDURES.

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

     [SEC. 9. 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, 
     $79,594,000 for fiscal year 2007, and $84,382,432 for fiscal 
     year 2008.''.
       [(b) Emergency Fund.--Section 1118(b) of title 49, United 
     States Code, is amended to read as follows:
       [``(b) Emergency Fund.--There are authorized to be 
     appropriated for necessary expenses of the Board, not 
     otherwise provided for, for accident investigations amounts 
     sufficient to maintain the emergency fund at a level not to 
     exceed $4,000,000, such sums to remain available until 
     expended.''.
       [(c) Fees, Refunds, and Reimbursements.--
       [(1) In general.--Section 1118(c) of title 49, United 
     States Code, is amended--
       [(A) by striking ``Academy.--'' and inserting ``Fees, 
     Refunds, and Reimbursements.--'';
       [(B) by striking paragraph (1) and redesignating paragraphs 
     (2), (3), and (4) as paragraphs (1), (2), and (3), 
     respectively, and resetting each such paragraph 2 ems from 
     the left margin;
       [(C) by striking paragraph (1), as redesignated, and 
     inserting the following:
       [``(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.'';
       [(D) by striking ``fee'' the first place it appears in 
     paragraph (2), as redesignated, and inserting ``fee, refund, 
     or reimbursement''; and
       [(E) by striking ``imposed;'' in subparagraphs (A) and (B) 
     of paragraph (2), as redesignated, and inserting ``imposed or 
     with which the refund or reimbursement is associated;''.
       [(2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on October 1, 2005.
       [(d) Report.--Section 1118(d) of title 49, United States 
     Code, is repealed.

     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. Contracting requirements for investigation services.
Sec. 4. Technical corrections.
Sec. 5. AMTRAK plan to assist families of passengers involved in rail 
              passenger accidents.

[[Page S10103]]

Sec. 6. Inspector General of the National Transportation Safety Board.
Sec. 7. Audit procedures.
Sec. 8. DOT Inspector General to investigate Central Artery project 
              contractors and oversight agencies.
Sec. 9. Implementation of NTSB's ``Most Wanted Transportation Safety 
              Improvements, 2006''.
Sec. 10. Authorization of appropriations.

     SEC. 2. REPORTS.

       (a) Annual Reports.--
       (1) In general.--Section 1117 of title 49, United States 
     Code, is amended--
       (A) by striking ``and'' after the semicolon in paragraph 
     (2);
       (B) by striking ``State.'' in paragraph (3) 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 
     of this title 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 the self-sufficient operation 
     of the National Transportation Safety Board Academy and 
     utilize fully 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 Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure.
       (B) Plan development considerations.--The Board shall--
       (i) give consideration in developing the plan to subleasing 
     the facility to another entity or other revenue-generating 
     measures; 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 Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Transportation and Infrastructure that includes--
       (i) an updated copy of the plan;
       (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 shall be fully implemented 
     within 2 years after the date of enactment of this Act.
       (b) DOT Report on Compliance with Recommendations.--Within 
     90 days after the Secretary of Transportation submits a 
     report under section 1135(d) of title 49, United States Code, 
     the National Transportation Safety Board shall review the 
     Secretary's report and transmit comments on the report to the 
     Secretary, the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure.
       (c) Transportation Safety Reauthorization 
     Recommendations.--The Board shall, as appropriate, provide 
     recommendations and comments to the Congress pertaining to 
     pending transportation safety legislation.

     SEC. 3. CONTRACTING REQUIREMENTS FOR INVESTIGATION SERVICES.

       (a) In General.--Section 1113(b) of title 49, United States 
     Code, is amended--
       (1) by striking ``and'' after the semicolon in paragraph 
     (1)(H);
       (2) by redesignating subparagraph (I) as subparagraph (J) 
     in paragraph (1);
       (3) by inserting after subparagraph (H) of paragraph (1) 
     the following:
       ``(I) for an investigation under section 1131, enter into 
     agreements or contracts without regard to any other provision 
     of law requiring competition, if necessary to expedite the 
     investigation; and''; and
       (4) by striking ``(1)(I)'' each place it appears in 
     paragraph (2) and inserting ``(1)(J)''.
       (b) Report on Usage.--Section 1117 of title 49, United 
     States Code, as amended by section 2, is further amended--
       (1) by striking ``and'' after the semicolon in paragraph 
     (5);
       (2) by striking ``investigation.'' in paragraph (6) and 
     inserting ``investigation; and''; and
       (3) by adding at the end the following:
       ``(7) a description of each contract executed during the 
     preceding calendar year under the authority of section 
     1113(b)(1)(I), and the rationale for dispensing with 
     competition requirements with respect to each such 
     contract.''.

     SEC. 4. 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 title 49, United States Code, is amended--
       (1) by striking ``on the navigable waters or territorial 
     sea of the United States,'' and inserting ``on the navigable 
     waters, all internal waters, and the territorial sea of the 
     United States,''; and
       (2) by inserting ``(as defined in section 2101(46))'' after 
     ``vessel of the United States''.
       (c) Reference to Departmental Authority.--Section 
     1131(c)(1) of title 49, United States Code, is amended by 
     inserting ``or the Secretary of the department in which the 
     Coast Guard is operating'' after ``Transportation''.
       (d) Appointment of Managing Director.--Section 1111 of 
     title 49, United States Code, 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 fulltime 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, and inserting 
     after paragraph (1) the following:
       ``(2) fix the pay of officers and employees necessary to 
     carry out this chapter;'';
       (3) by redesignating subsection (i) as subsection (k); and
       (4) by inserting after subsection (h) the following:
       ``(i) Managing Director.--The Board shall have a Managing 
     Director who shall be--
       ``(1) appointed by the Chairman, in consultation with the 
     Board; and
       ``(2) approved by the Board, pursuant to a procedure 
     developed and adopted by the Board.
       ``(j) Board Member Staff.--Each member of the Board shall 
     appoint and supervise regular and fulltime 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. The appointment authority provided by 
     this subsection is limited to the number of fulltime 
     equivalent positions, in addition to 1 senior professional 
     staff at the GS-15 level and 1 administrative staff, 
     allocated each member through the Board's annual budget and 
     allocation process.''.
       (e) Board Approval.--Section 1113(c) of title 49, United 
     States Code, is amended by inserting ``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 the 
     Congress under this subsection.'' after ``Congress.''.
       (f) Investigation Tracking System.--Within 6 months after 
     the date of enactment of this Act, the National 
     Transportation Safety Board shall develop and implement a 
     process or system available to all Board members that tracks 
     the status and activities associated with all ongoing and 
     pending investigations undertaken by the Board, including the 
     expected completion date, staff assignments, and such other 
     information as the Board may require for the investigations.
       (g) Investigative Officers.--Section 1113 of title 49, 
     United States Code, is amended by adding at the end thereof 
     the following:
       ``(h) Investigative Officers.--The Board shall maintain at 
     least 1 fulltime 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 
     those States.''.

     SEC. 5. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED 
                   IN RAIL PASSENGER ACCIDENTS.

       (a) In General.--Chapter 243 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 24316. Plans to address needs of families of 
       passengers involved in rail passenger accidents

       ``(a) Submission of Plan.--Not later than 6 months after 
     the date of the enactment of the National Transportation 
     Safety Board Reauthorization Act of 2006, Amtrak shall submit 
     to the Chairman of the National Transportation Safety Board, 
     the Secretary of Transportation, and the Secretary of 
     Homeland Security a plan for addressing the needs of the 
     families of passengers involved in any rail passenger 
     accident involving an Amtrak intercity train and resulting in 
     a loss of life.
       ``(b) Contents of Plans.--The plan to be submitted by 
     Amtrak under subsection (a) shall include, at a minimum, the 
     following:
       ``(1) A process by which Amtrak will maintain and provide 
     to the National Transportation Safety Board and the Secretary 
     of Transportation, immediately upon request, a list (which is 
     based on the best available information at the time of the 
     request) of the names of the passengers aboard the train 
     (whether or not such names have been verified), and will 
     periodically update the list. The plan shall include a 
     procedure, with respect to unreserved trains and passengers 
     not holding reservations on other trains, for Amtrak to use 
     reasonable efforts to ascertain the number and names of 
     passengers aboard a train involved in an accident.
       ``(2) A plan for creating and publicizing a reliable, toll-
     free telephone number within 4 hours after such an accident 
     occurs, and for providing staff, to handle calls from the 
     families of the passengers.
       ``(3) A process for notifying the families of the 
     passengers, before providing any public notice of the names 
     of the passengers, by suitably trained individuals.
       ``(4) A process for providing the notice described in 
     paragraph (2) to the family of a passenger as soon as Amtrak 
     has verified that the passenger was aboard the train (whether 
     or not the names of all of the passengers have been 
     verified).
       ``(5) A process by which the family of each passenger will 
     be consulted about the disposition of all remains and 
     personal effects of the

[[Page S10104]]

     passenger within Amtrak's control; that any possession of the 
     passenger within Amtrak's control will be returned to the 
     family unless the possession is needed for the accident 
     investigation or any criminal investigation; and that any 
     unclaimed possession of a passenger within Amtrak's control 
     will be retained by the rail passenger carrier for at least 
     18 months.
       ``(6) A process by which the treatment of the families of 
     nonrevenue passengers will be the same as the treatment of 
     the families of revenue passengers.
       ``(7) An assurance that Amtrak will provide adequate 
     training to its employees and agents to meet the needs of 
     survivors and family members following an accident.
       ``(c) Use of Information.--The National Transportation 
     Safety Board, the Secretary of Transportation, and Amtrak may 
     not release any personal information on a list obtained under 
     subsection (b)(1) but may provide information on the list 
     about a passenger to the family of the passenger to the 
     extent that the Board or Amtrak considers appropriate.
       ``(d) Limitation on Liability.--Amtrak shall not be liable 
     for damages in any action brought in a Federal or State court 
     arising out of the performance of Amtrak in preparing or 
     providing a passenger list, or in providing information 
     concerning a train reservation, pursuant to a plan submitted 
     by Amtrak under subsection (b), unless such liability was 
     caused by Amtrak's conduct.
       ``(e) Limitation on Statutory Construction.--Nothing in 
     this section may be construed as limiting the actions that 
     Amtrak may take, or the obligations that Amtrak may have, in 
     providing assistance to the families of passengers involved 
     in a rail passenger accident.
       ``(f) Funding.--There shall be made available to the 
     Secretary of Transportation for the use of Amtrak $500,000 
     for fiscal year 2007 to carry out this section. Amounts made 
     available pursuant to this subsection shall remain available 
     until expended.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     243 of title 49, United States Code, is amended by adding at 
     the end the following:

``24316.  Plan to assist families of passengers involved in rail 
              passenger accidents.''.

     SEC. 6. INSPECTOR GENERAL OF THE NATIONAL TRANSPORTATION 
                   SAFETY BOARD.

       (a) In General.--Section 1137 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 1137. Designation of the Department of Transportation 
       Inspector General as Inspector General of the National 
       Transportation Safety Board

       ``(a) Establishment of Inspector General of the National 
     Transportation Safety Board.--In order to promote economy, 
     efficiency, and effectiveness in the administration of, and 
     to prevent and detect fraud and abuse in the programs, 
     operations, and activities of the National Transportation 
     Safety Board, the Inspector General of the Department of 
     Transportation shall serve as the Inspector General of the 
     National Transportation Safety Board.
       ``(b) Authority of the Inspector General.--
       ``(1) The Inspector General shall exercise such authority 
     as provided by the Inspector General Act of 1978, and other 
     applicable laws, over Board programs, operations and 
     activities not directly associated with specific accident 
     investigations or adjudications, including--
       ``(A) financial management, property management, and 
     business operations, including internal accounting and 
     administrative control systems;
       ``(B) information management and security, including 
     privacy protection of personally identifiable information;
       ``(C) resource management;
       ``(D) workforce development;
       ``(E) procurement and contracting planning, practices and 
     policies;
       ``(F) malfeasance in office by Board employees and 
     contractors; and
       ``(G) allegations of false statements, fraud, and other 
     criminal activity within the jurisdiction of the Board.
       ``(2) In consultation with the Senate Committee on 
     Commerce, Science, and Transportation or the House Committee 
     on Transportation and Infrastructure Committee, the Inspector 
     General may conduct an audit, investigation, or other review 
     on matters not described in subparagraphs (A) through (G) of 
     paragraph (1).
       ``(c) Duties.--In carrying out this section, the Inspector 
     General shall--
       ``(1) report directly to the Chairman of the Committee and 
     ensure that the Chairman is kept fully and currently informed 
     concerning fraud and other serious problems, abuses, and 
     deficiencies relating to the administration of programs, 
     operations, and activities of the Board;
       ``(2) recommend to the Chairman corrective action 
     concerning such problems, abuses, and deficiencies;
       ``(3) report to the Chairman on the progress made in 
     implementing such corrective action; and
       ``(4) promptly notify the Chairman on any problems related 
     to access for information or carrying out an audit or 
     investigation.
       ``(d) Information Provided to Board Members.--The Inspector 
     General and Chairman shall ensure that all members of the 
     Board are informed of major work in progress through regular 
     and periodic briefings and, as appropriate, on a timelier 
     basis for matters of a significant nature.
       ``(e) Authorization for Appropriations.--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 as the Inspector General of the Board. In 
     the absence of an appropriation, the Inspector General and 
     the Board shall have a reimbursable agreement to cover such 
     expenses.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     11 of title 49, United States Code, is amended by striking 
     the item relating to section 1137 and inserting the 
     following:

``1137. Designation of the Department of Transportation Inspector 
              General as Inspector General of the National 
              Transportation Safety Board''.

     SEC. 7. AUDIT PROCEDURES.

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

     SEC. 8. DOT INSPECTOR GENERAL TO INVESTIGATE CENTRAL ARTERY 
                   PROJECT CONTRACTORS AND OVERSIGHT AGENCIES.

       (a) In General.--The Inspector General of the Department of 
     Transportation shall investigate the contractors involved in 
     the development and construction of the Central Artery tunnel 
     project in Boston, Massachusetts, and the public agencies 
     that oversaw their work, including the Massachusetts Turnpike 
     Authority and the Federal Highway Administration.
       (b) Priorities and Procedure.--In carrying out the mandate 
     provided by subsection (a), the Inspector General shall--
       (1) oversee any investigations related to the collapse of 
     ceiling plates in the tunnel on July 10, 2006;
       (2) oversee a comprehensive review of the safety of the 
     Central Artery project; and
       (3) audit and investigate parties involved in the 
     construction, maintenance, and oversight of the Central 
     Artery project, including the Massachusetts Turnpike 
     Authority and the Federal Highway Administration, in order to 
     determine whether the collapse of ceiling plates in the 
     tunnel on July 10, 2006, resulted from whether poor planning, 
     development, construction, or other factors.

     SEC. 9. 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 Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Transportation and Infrastructure explaining why the 
     Federal Aviation Administration has not implemented the 
     aviation recommendations in the NTSB's ``Most Wanted 
     Transportation Safety Improvements, 2006''.

     SEC. 10. 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, $79,594,000 
     for fiscal year 2007, and $84,382,432 for fiscal year 
     2008.''.
       (b) Emergency Fund.--Section 1118(b) of title 49, United 
     States Code, is amended to read as follows:
       ``(b) Emergency Fund.--There are authorized to be 
     appropriated for necessary expenses of the Board, not 
     otherwise provided for, for accident investigations amounts 
     sufficient to maintain the emergency fund at a level not to 
     exceed $4,000,000, such sums to remain available until 
     expended.''.
       (c) Fees, Refunds, and Reimbursements.--
       (1) In general.--Section 1118(c) of title 49, United States 
     Code, is amended--
       (A) by striking ``Academy.--'' and inserting ``Fees, 
     Refunds, and Reimbursements.--'';
       (B) by striking paragraph (1) and redesignating paragraphs 
     (2), (3), and (4) as paragraphs (1), (2), and (3), 
     respectively, and resetting each such paragraph 2 ems from 
     the left margin;
       (C) by striking paragraph (1), as redesignated, and 
     inserting the following:
       ``(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.'';
       (D) by striking ``fee'' the first place it appears in 
     paragraph (2), as redesignated, and inserting ``fee, refund, 
     or reimbursement''; and
       (E) by striking ``imposed;'' in subparagraphs (A) and (B) 
     of paragraph (2), as redesignated, and inserting ``imposed or 
     with which the refund or reimbursement is associated;''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on October 1, 2005.
       (d) Report.--Section 1118(d) of title 49, United States 
     Code, is repealed.

  Mr. FRIST. Mr. President, I ask unanimous consent that the committee-
reported amendment be agreed to, the bill, as amended, be read a third 
time and passed, the motion to reconsider be laid upon the table, and 
that any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill was ordered to be engrossed for a third reading, was read 
the third time, and passed.




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