[Senate Report 109-335]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                                 SENATE
 2nd Session                                                    109-335
_______________________________________________________________________

                                     

                                                       Calendar No. 613

    NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF 2006

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 3679



                                     

      DATE deg.September 15, 2006.--Ordered to be printed


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred ninth congress
                             second session

                     TED STEVENS, Alaska, Chairman
                 DANIEL K. INOUYE, Hawaii, Co-Chairman
JOHN McCAIN, Arizona                 JOHN D. ROCKEFELLER IV, West 
CONRAD BURNS, Montana                    Virginia
TRENT LOTT, Mississippi              JOHN F. KERRY, Massachusetts
KAY BAILEY HUTCHISON, Texas          BYRON L. DORGAN, North Dakota
OLYMPIA J. SNOWE, Maine              BARBARA BOXER, California
GORDON H. SMITH, Oregon              BILL NELSON, Florida
JOHN ENSIGN, Nevada                  MARIA CANTWELL, Washington
GEORGE ALLEN, Virginia               FRANK LAUTENBERG, New Jersey
JOHN E. SUNUNU, New Hampshire        E. BENJAMIN NELSON, Nebraska
JIM DeMINT, South Carolina           MARK PRYOR, Arkansas
DAVID VITTER, Louisiana
                    Lisa Sutherland, Staff Director
                 Christine Kurth, Deputy Staff Director
                    Kenneth Nahigian, Chief Counsel
     Margaret Cummisky, Democratic Staff Director and Chief Counsel
 Samuel Whitehorn, Democratic Deputy Staff Director and General Counsel


                                                       Calendar No. 613
109th Congress                                                   Report
                                 SENATE
 2nd Session                                                    109-335

======================================================================



 
    NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF 2006

                                _______
                                

               September 15, 2006.--Ordered to be printed

                                _______
                                

       Mr. Stevens, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 3679]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill joint resolution deg. (S. 
3679) TITLE deg. to authorize appropriations for the 
National Transportation Safety Board, and for other purposes, 
having considered the same, reports favorably thereon 
without amendment deg. with amendments with 
an amendment (in the nature of a substitute) deg. and 
recommends that the bill joint resolution deg. (as 
amended) do pass.

                          Purpose of the Bill

  The purpose of this bill, S. 3679, the National 
Transportation Safety Board Reauthorization Act of 2006, as 
reported, is to authorize appropriations for the NTSB for 
fiscal years (FY) 2007 and 2008, and for other purposes.

                          Background and Needs

  The NTSB was established in 1967 within the Department of 
Transportation (DOT). It became an independent agency in 1974. 
The NTSB is charged with determining the probable cause of 
transportation accidents and promoting transportation safety. 
The NTSB investigates accidents, conducts safety studies, and 
evaluates the effectiveness of other government agencies' 
programs for preventing transportation accidents. Most 
significantly, the NTSB makes safety recommendations based on 
its investigations, to Federal, State, and local government 
agencies and to the transportation industry regarding actions 
that should be taken to prevent accidents. In addition, the 
NTSB coordinates all Federal assistance to families of victims 
of catastrophic aviation accidents. When resources allow, the 
NTSB provides family assistance for accidents in other 
transportation modes as well.
  The Board also serves as the ``court of appeal'' for airmen, 
mechanics, or mariners whenever the Federal Aviation 
Administration (FAA) or the U.S. Coast Guard (USCG) takes an 
adverse certificate action against them. In the Aviation 
Investment and Reform Act for the 21st Century (AIR 21), 
Congress expanded the Board's jurisdiction to include review of 
FAA emergency revocations of pilot licenses. These emergency 
revocations take effect immediately, and prior to AIR 21, the 
pilot's only recourse was to take the FAA to court.
  Since 1967, the NTSB has investigated more than 124,000 
aviation accidents, and at least 10,000 accidents in other 
transportation modes, including rail, pipeline, maritime, and 
highways. The NTSB also investigates accidents involving the 
transportation of hazardous materials and is the sole U.S. 
accredited representative at foreign aviation accident 
investigations under the Convention on International Civil 
Aviation.
  The NTSB has no authority to issue substantive regulations 
covering the transportation industry. Its effectiveness as an 
advocate for transportation safety is dependent upon timely 
accident reports and safety recommendations. According to the 
NTSB, since its inception in 1967, the Board has issued more 
than 12,000 safety recommendations in all modes of 
transportation. More than 82 percent of these recommendations 
have been adopted by the regulatory and transportation 
communities. One of the approaches that the NTSB uses to 
highlight its most important safety recommendations is the Most 
Wanted Transportation Safety Improvements List (Most Wanted 
List).

                             NTSB STRUCTURE

  The NTSB is headed by a five-member board nominated by the 
President and confirmed by the Senate. No more than three 
members may be of the same political party. Each board member's 
term is five years. The President also nominates, and the 
Senate confirms, one of the five members to serve as chairman 
and another member to serve as vice chairman. Each position has 
a term of two years. The current members include the following:
           Mark V. Rosenker (R), Chairman; Term as 
        board member expires 12/31/10
           Robert L. Sumwalt, III (R), Vice Chairman; 
        Term as board member expires 12/31/11
           Deborah A. P. Hersman (D), Member; Term as 
        board member expires 12/31/08
           Kathryn O'Leary Higgins (D), Member; Term as 
        board member expires 12/31/09

                            NTSB OPERATIONS

  Each year, the NTSB investigates more than 2,000 accidents 
and events, including all fatal aviation accidents, and 
hundreds of railroad, highway, maritime, and pipeline 
transportation accidents. By statute, the Board must 
investigate and establish the facts, circumstances, and cause 
or probable cause for--
          (1) aircraft accidents, other than an aircraft 
        operated by the Armed Forces or by an intelligence 
        agency of the United States;
          (2) highway accidents, including railroad grade 
        crossing accidents, the Board selects in cooperation 
        with a State;
          (3) railroad accidents in which there is a fatality 
        or substantial property damage, or that involves a 
        passenger train;
          (4) pipeline accidents in which there is a fatality, 
        substantial property damage, or significant injury to 
        the environment;
          (5) a major marine casualty occurring on the 
        navigable waters or territorial sea of the United 
        States, or involving a vessel of the United States; and
          (6) any other accident related to the transportation 
        of individuals or property when the Board decides--
                  (A) the accident is catastrophic;
                  (B) the accident involves problems of a 
                recurring character; or
                  (C) the investigation of the accident would 
                carry out other statutory provisions.
  With the current resource level, the Board is unable to 
investigate all of the accidents assigned it by statute. 
Historically, the Board has focused a majority of its resources 
to the investigation of aviation accidents. To leverage its 
limited resources, the NTSB typically designates other 
government agencies, organizations, corporations, or foreign 
authorities (in the case of, for example, investigations 
involving foreign aircraft) as parties to the investigation. 
According to the NTSB, the participation of these other parties 
greatly expands the technical resources available to the Board, 
ensures general agreement on the facts developed during an 
investigation, and allows first-hand access to information so 
that the parties can take appropriate and timely corrective 
actions.
  The NTSB has wide discretion over which organizations it 
designates as parties, except that, by law, the FAA is a party 
to each aviation investigation. Only those entities that can 
provide expertise required for the investigation are granted 
party status, and only those persons who can provide the NTSB 
with needed expertise are permitted to serve on the 
investigative team.
  When the NTSB is notified of a major accident, it launches a 
``go-team'' that varies in size depending on the severity of 
the accident and the complexity of the issues involved. Go-
teams consist of NTSB investigators who are experts in 
appropriate technical specialties, based on the mode of 
transportation and the nature of the accident. Each NTSB expert 
manages an investigative group made up of other experts from 
industry and government organizations that are parties to the 
investigation in the collection of the facts surrounding the 
accident. Eventually, each NTSB expert prepares a factual 
report that is verified for accuracy by each of the party 
representatives in the group. The factual reports are placed in 
the public docket, and after the completion of a formal 
technical review by the team, they constitute the factual 
record of the investigation.
  After investigating an accident, the NTSB determines the 
probable cause and issues a formal report. Parties do not 
participate in the analytical or report-writing phases of NTSB 
investigations, although they may submit their proposed 
findings of probable cause and proposed safety recommendations 
directly to the NTSB.
  The NTSB is statutorily required to make a cause 
determination on all aviation accidents. Although the NTSB 
investigates all fatal aviation accidents, it may request the 
FAA to investigate non-fatal aviation accidents. States or 
other agencies often investigate accidents in other modes of 
transportation.

                              NTSB ACADEMY

  In 2000, the NTSB began developing its plans for an NTSB 
Academy that would provide training in transportation safety 
and accident investigation techniques to NTSB investigators and 
the transportation community at large. The NTSB selected the 
George Washington University's Northern Virginia campus in 
Ashburn, Virginia as the new home of the NTSB Academy, signing 
a 20-year lease in July, 2001 and officially opening the 
facility in September 2003. The Academy building houses the 
forward portion of the TWA flight 800 aircraft fuselage, 
laboratory spaces, meeting rooms, student and teacher work 
areas, and various offices including one of the Board's 
aviation regional offices. Since the Academy became 
operational, the staff has mainly focused on delivering, 
improving, and expanding programs that were already being 
delivered before the building opened.
  The Academy was originally designed to be a self-sufficient, 
if not profitable, training entity enabling the NTSB to train 
its own investigators and the transportation community in 
accident investigation techniques. In addition to refining and 
making the NTSB's current accident investigation course more 
accessible, the NTSB intended to provide courses in all 
transportation modes in areas such as human factors, survival 
factors, vehicle performance, interviewing techniques, accident 
scene documentation, and investigation management.
  However, the Academy has been plagued with controversy since 
its inception. Preliminary results of an ongoing Government 
Accountability Office (GAO) review of the Academy indicated 
that the NTSB Academy is grossly underutilized, offering 
minimal value to the Board or other Federal entities, and 
operates at a significant deficit, draining important resources 
needed for accident investigation and other purposes away from 
the Board. According to the GAO, in FYs 2004 and 2005, the 
Academy lost roughly $3.7 million and $1.4 million 
respectively. The GAO has found that the NTSB has done little 
in past years to maximize the use of the Academy to help cover 
costs and generate additional revenue. In addition, the 
majority of instruction hours in 2005 at the facility were 
provided by NTSB investigators, which meant that the 
investigative staff was being diverted from investigative 
duties, their primary mission, to work at the Academy.
  Concerns about these issues have prompted NTSB management to 
recently revise the focus of the Academy. The NTSB will be 
exploring partnership and contracting possibilities that yield 
higher revenue returns, with decreased demands on investigative 
resources. According to the NTSB, the Academy will rely more 
heavily on instructors from academic, governmental, and private 
organizations. The NTSB also plans to establish a training and 
academic Oversight Board comprised of senior NTSB staff. This 
panel will oversee the curriculum development of contractors 
and third party organizations, monitor the Academy Plan, 
oversee marketing strategy, and ensure that the Academy courses 
maintain a high standard of excellence and accountability to 
students and the public. The NTSB believes that these changes 
will reduce the amount of investigative resources used at the 
Academy and create more training opportunities for NTSB staff 
at the Academy.

                         Summary of Provisions

  The NTSB Reauthorization Act of 2006 includes authorizations 
for appropriations for FY 2007 and FY 2008, as well as 
statutory changes. The table below shows the NTSB's FY 2006 
appropriation level, the FY 2007 President's request level, and 
the authorization levels provided in this bill.

                          (dollars in millions)
------------------------------------------------------------------------
                                                 2007
        Salaries & Expenses            2006     Pres.     2007     2008
                                     Enacted*    Bud.    Auth.    Auth.
------------------------------------------------------------------------
Funding                              $76.700   $79.594  $79.594  $84.382
------------------------------------------------------------------------
Fulltime Equivalents                     396      399      399      399
------------------------------------------------------------------------
Yr.-to-Yr. Funds Increase                        3.8%     3.8%     6.0%
------------------------------------------------------------------------
------------------------------------------------------------------------
* The 2006 figure is the appropriated level, not the authorization
  level, which was $87.539 million.

  The FY 2007 President's budget requests $79.6 million for the 
NTSB, $2.864 million above the FY 2006 enacted level. The 
increase is related to pay raises, benefit cost increases, 
inflation, and a proposal to merge the NTSB's $2 million 
Emergency Fund into its regular salaries and expenses accounts. 
No new program initiatives are funded in the President's 
request level. The FY 2007 and FY 2008 authorization levels are 
based on 399 fulltime equivalents and provide for inflation, 
pay raises, within grade increases and career ladder 
promotions, restoring training costs reduced to meet the 2007 
request level, and a plan for financial/procurement system 
replacement.

RELIEF FROM CERTAIN CONTRACTING REQUIREMENTS FOR INVESTIGATION SERVICES

  The Board's last reauthorization legislation, the NTSB 
Reauthorization Act of 2003 (P.L. 108-168), provides the 
authority for the NTSB to enter into agreements or contracts 
without competition when necessary to expedite an 
investigation. This authority sunsets on September 30, 2006. 
The bill would remove the sunset provision, making the special 
contracting authority permanent.

NTSB ACADEMY

  The Committee believes it is critical that the agency use its 
resources in an efficient manner to carry out its safety 
mission and maintain its reputation as a preeminent agency in 
conducting transportation accident investigations. For this 
reason, the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure requested the GAO to conduct 
a general management review study of the NTSB. The study 
addressed the extent to which the NTSB (1) follows leading 
practices in selected management areas, (2) addresses 
challenges in completing accident investigations and closing 
safety recommendations, and (3) generates sufficient revenues 
to cover costs at its Academy.
  Preliminary results of the GAO study indicate the NTSB 
Academy is under utilized. Based on these results, the NTSB 
Reauthorization Act of 2006 would authorize the Academy as a 
part of the agency as a whole, rather than as a distinct, 
subordinate entity. It would require the NTSB to develop a 
plan, to be implemented within two years of enactment, for the 
NTSB Academy to achieve self-sufficiency and fully utilize the 
Academy's resources and facilities.
  Finally, the bill would incorporate the content of the 
Academy's annual report into the Agency's annual report to 
Congress.

PAYMENT FOR SERVICES OF DOT INSPECTOR GENERAL

  The NTSB Amendments Act of 2000 (P.L. 106-424) provided that 
the DOT Inspector General (DOT IG) was to be reimbursed by the 
Board for the costs associated with carrying out activities. S. 
3679 would remove the reimbursement provision with the 
understanding that the DOT IG would be funded directly for 
these activities. This would allow for a more efficient 
allocation and management of resources. The NTSB and the DOT IG 
both concur with the change to the reimbursement provision.

DOT IG AUTHORITY

  P.L. 106-424 authorized the DOT IG to review the financial 
management, property management, and business operations of the 
Board. Based on the results of the general management review 
study conducted by the GAO, the bill expands the DOT IG's 
authority over the NTSB to include Board programs, operations 
and activities not directly associated with specific accident 
investigations or adjudications. In consultation with the 
Senate Committee on Commerce, Science, and Transportation or 
the House Committee on Transportation and Infrastructure, the 
DOT IG may conduct an audit, investigation, or other review of 
the NTSB on matters not specifically detailed in the bill. The 
Committee specifically does not want to have the DOT IG 
interfering with accident investigations or the development of 
Board recommendations.

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

  The NTSB coordinates all Federal assistance to families of 
victims of catastrophic aviation accidents. When resources 
allow, the NTSB provides family assistance for accidents in 
other transportation modes, as well. The bill would require 
Amtrak to submit to the NTSB a plan for providing the NTSB a 
list of the names of passengers involved in train accidents and 
notifying their families appropriately. The aviation accident 
family assistant program has proved to be beneficial in the 
event of an aviation accident, and the passenger railroad 
family assistance program in the bill was modeled after it.

OTHER ISSUES

  In response to concerns regarding the general management at 
the NTSB, the bill would define the position of the Managing 
Director at the NTSB. The bill would require the Managing 
Director to appoint and supervise officers and employees, as 
well as fix the pay of all officers and employees. The bill 
would require the Managing Director to be appointed by the 
Chairman and subjected to an approval process established by 
the Board. Currently, the Managing Director is simply appointed 
by the Chairman. The Committee believes this provision would 
help ensure that the choice of the Managing Director reflects a 
consensus of the Board regarding the best management leadership 
for the Agency.
  The bill also would permit the Board to credit 
reimbursements, not just Academy fees, as offsetting 
collections that would remain available until expended. This 
proposed change would allow the Board to keep reimbursements it 
receives for expenses that occurred in prior fiscal years. 
Currently, such reimbursements are remitted to the U.S. 
Treasury and may not be used by the Board to offset expenses.
  The bill would require the Board to submit to Congress a list 
of accidents the Board was required to investigate but did not, 
as well as a list of ongoing investigations exceeding the time 
allotted by Board order. This provision was included to address 
concerns of the Committee that many accidents which the Board 
is required to investigate, such as railroad accidents in which 
there is a fatality or involves a passenger train, are not 
being investigated. The Committee believes the Board should 
explain to both the Congress and the public why the Board has 
chosen to not investigate such accidents despite the statutory 
requirement.
  The bill would allow each Board member to appoint and 
supervise the equivalent of two fulltime employees in his or 
her immediate office. This codifies the current practice of 
providing Board members with their own, independent staff, who 
report directly to the individual Board members.
  The bill also would set up an investigation tracking system 
to be available to all Board members and further requires the 
Board to establish a process for members to review and comment 
on documents submitted to the President, Office of Management 
and Budget, or Congress. The Committee believes these 
provisions would increase the availability of Agency 
information to all Board members and ensure that Board members 
can accurately evaluate the status of ongoing investigations.

GENERAL COMMENTS

  The Committee is concerned about the recent increase in fatal 
crashes involving the Mitsubishi MU-2 aircraft. The Committee 
notes that in July 2005 the FAA launched a safety evaluation of 
the MU-2 aircraft. In that study the FAA identified several 
safety recommendations designed to increase the aircraft's 
operational safety. The Committee also notes the FAA has issued 
or plans to issue several new rules and airworthiness 
directives pertaining to the MU-2 aircraft in efforts to 
improve the safety of its operation. The Committee supports the 
common safety goal of the FAA and NTSB and encourages full 
coordination and participation on all actual on-site 
investigations including those involving the MU-2 aircraft. The 
Committee is concerned by the recent accident trend and 
encourages the FAA and NTSB to coordinate to the fullest extent 
possible to detect the root cause responsible for the 
accidents, which may or may not be solely caused by pilot 
error.

                          Legislative History

  On May 24, 2006, the Committee on Commerce, Science, and 
Transportation's Subcommittee on Aviation held a hearing on the 
reauthorization of the NTSB. The Subcommittee heard testimony 
on the NTSB's reauthorization proposal as well as discussed an 
ongoing general management review study of the NTSB conducted 
by the GAO. On July 18, 2006, Senator Burns introduced S. 3679, 
a bill to authorize appropriations for the NTSB, with Senators 
Rockefeller and Lautenberg as co-sponsors. The Committee 
ordered the amended bill reported favorably on July 19, 2006, 
by a voice vote.

                            Estimated Costs

  In compliance with subsection (a)(3) of paragraph 11 
of rule XXVI of the Standing Rules of the Senate, the Committee 
states that, in its opinion, it is necessary to dispense with 
the requirements of paragraphs (1) and (2) of that subsection 
in order to expedite the business of the Senate. deg.
  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:
                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 25, 2006.
Hon. Ted Stevens,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 3679, the National 
Transportation Safety Board Reauthorization Act of 2006.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Gregory 
Waring.
            Sincerely,
                                          Donald B. Marron,
                                                   Acting Director.
    Enclosure.

S. 3679--National Transportation Safety Board Reauthorization Act of 
        2006

    Summary: The National Transportation Safety Board (NTSB) 
investigates every civil aviation accident and significant 
accidents involving other modes of transportation. Over the 
2007-2008 period, S. 3679 would authorize the appropriation of 
$164 million for NTSB activities. The bill also would authorize 
the appropriation of amounts necessary for the agency to 
maintain an emergency fund of $4 million at all times. Finally, 
S. 3679 would authorize the appropriation of $500,000 for 
Amtrak to develop a plan to assist passengers in rail accidents 
and would authorize the appropriation of amounts necessary for 
the Inspector General of the Department of Transportation (DOT) 
to provide services to the NTSB.
    Assuming appropriation of amounts authorized by the bill 
and amounts necessary for DOT's Office of the Inspector 
General, CBO estimates that implementing S. 3679 would cost 
$170 million over the 2007-2011 period. Enacting the bill would 
not affect direct spending or revenues.
    S. 3679 contains an intergovernmental mandate as defined in 
the Unfunded Mandates Reform Act (UMRA), but CBO estimates that 
the costs to state, local, or tribal governments, if any, would 
be small and would not exceed the threshold established in UMRA 
($64 million in 2006, adjusted annually for inflation).
    By requiring Amtrak to submit a plan addressing the needs 
of the families of passengers involved in fatal accidents to 
the Chairman of the National Transportation Safety Board, S. 
3679 contains a private-sector mandate, as defined in UMRA. CBO 
estimates that the costs to comply with that mandate would not 
exceed the annual threshold established by UMRA for private-
sector mandates ($128 million in 2006, adjusted annually for 
inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 3679 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars--
                                                                 -----------------------------------------------
                                                                   2006    2007    2008    2009    2010    2011
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

NTSB Spending Under Current Law: a
    Budget Authority............................................      75       0       0       0       0       0
    Estimated Outlays...........................................      76       8       0       0       0       0
Proposed Changes:
    Estimated Authorization Level: a............................       0      84      85       1       1       1
    Estimated Outlays...........................................       0      74      85       9       1       1
Spending Under S. 3679:
    Estimated Authorization Level...............................      75      84      85       1       1       1
    Estimated Outlays...........................................      76      82      85       9       1       1
----------------------------------------------------------------------------------------------------------------
a In addition to NTSB, the bill would also authorize funding for both Amtrak and the Office of Inspector General
  of the Department of Transportation.

    Basis of estimate: For this estimate, CBO assumes that S. 
3679 will be enacted near the start of fiscal year 2007 and 
that the authorized amounts will be appropriated for each year. 
Estimates of spending are based on historical spending patterns 
for these programs.

NTSB spending

    Over the 2007-2008 period, the bill would authorize the 
appropriation of $164 million for the NTSB. Assuming the 
appropriation of that amount, CBO estimates that implementing 
this provision would cost $164 million over the 2007-2011 
period.

Emergency Fund

    Current law authorizes the appropriation of amounts 
necessary to maintain balances in the NTSB emergency fund of $2 
million. The emergency fund provides additional resources if 
the NTSB has insufficient funding to complete necessary 
investigations. S. 3679 would authorize the appropriation of 
amounts necessary to increase and maintain the fund at $4 
million. (The emergency fund currently has a balance of about 
$2 million.) CBO estimates that implementing this provision 
would authorize an appropriation of $2 million in 2007. NTSB 
does not use its emergency fund on a regular basis, and CBO 
does not estimate any outlays from the fund over the 2006-2011 
period. Consequently, we estimate that the emergency fund would 
not require any additional appropriations to maintain the fund 
at $4 million over the next five years.

Other Spending Subject to Appropriation

    S. 3679 would authorize the appropriation of $500,000 for 
AMTRAK to develop a plan to assist passengers involved in rail 
accidents. Also, the bill would authorize amounts necessary for 
DOT's Office of the Inspector General to serve as the Inspector 
General of NTSB. Based on past reimbursable agreements between 
NTSB and the Office of the Inspector General, CBO estimates 
that the provision would cost $5 million over the 2007-2011 
period. That amount includes additional resources for the 
Inspector General to investigate the collapse of ceiling plates 
in Boston's central artery tunnel project on July 10, 2006, as 
authorized by the bill.
    Intergovernmental and private-sector impact: S. 3679 
contains an intergovernmental mandate, as defined in UMRA, 
because section 6 would exempt Amtrak from certain liability in 
federal or state court for damages due to its release of a 
passenger list or passenger information pursuant to the plan 
submitted to the NTSB. Such an exemption would preempt state 
law. CRO estimates that any costs to state, local, or tribal 
governments would be small and would not exceed the threshold 
established in UMRA ($64 million in 2006, adjusted annually for 
inflation).
    By requiring Amtrak to submit a plan 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, S. 3679 contains a private-sector mandate as 
defined in UMRA. CBO estimates that the costs to comply with 
that mandate would not exceed the annual threshold established 
by UMRA for private-sector mandates ($128 million in 2006, 
adjusted annually for inflation).
    Under the bill, Amtrak would have to submit the plan to the 
National Transportation Safety Board, the Secretary of 
Transportation, and the Secretary of Homeland Security no later 
than six months after the bill's enactment that would be 
invoked in case of railway accident involving loss of life. As 
a part of the plan, and in the event of a fatal accident, 
Amtrak would be required, among other things, to provide a 
passenger list to federal authorities and a toll-free hotline 
for use by families of passengers. According to industry 
source, Amtrak has a contingency plan in place for responding 
to the needs of families of rail accident passengers which 
addresses most of the requirements contained in the bill. CBO 
estimates that the incremental cost of complying with the 
mandate would be nominal. The bill would authorize the 
appropriation of $500,000 in fiscal year 2007 to the Secretary 
of Transportation for use of Amtrak to complete the required 
plan.
    Previous estimates: On April 24, 2006, CBO transmitted a 
cost estimate for H.R. 5076, the National Transportation Safety 
Board Amendments Act of 2006, as ordered reported by the House 
Committee on Transportation and Infrastructure on April 5, 
2006. S. 3679 and H.R. 5076 are similar but would authorize 
different amounts of money. CBO's cost estimates reflect the 
different provisions in these bills.
    Estimate prepared by: Federal Costs: Gregory Waring. Impact 
on State, Local, and Tribal Governments: Sarah Puro. Impact on 
the Private Sector: Fatimot Ladipo.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In compliance with subsection (b)(2) of paragraph 11 
of rule XXVI of the Standing Rules of the Senate, the Committee 
states that, in its opinion, it is necessary to dispense with 
the requirements of paragraph (1) of that subsection in order 
to expedite the business of the Senate. deg.
  Because S. ------ does not create any new programs, 
the legislation will have no additional regulatory impact, and 
will result in no additional reporting requirements. The 
legislation will have no further effect on the number or types 
of individuals and businesses regulated, the economic impact of 
such regulation, the personal privacy of affected individuals, 
or the paperwork required from such individuals and 
businesses. deg.
  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  This legislation would provide an authorization of 
appropriations for FYs 2007 and 2008 for the NTSB to carry out 
its functions. As this language is reauthorizing an existing 
agency, the number of persons covered should be consistent with 
current levels.

                            ECONOMIC IMPACT

  The bill, as reported, would provide authorization levels of 
$164 million for NTSB activities for FYs 2007 through 2008. The 
bill also would authorize the appropriation of amounts 
necessary for the agency to maintain an emergency fund of $4 
million at all times. Finally, S. 3679 would authorize the 
appropriation of $500,000 for Amtrak to develop a plan to 
assist passengers in rail accidents and would authorize the 
appropriation of amounts necessary for the DOT IG to provide 
services to the NTSB. These funding levels are not expected to 
have an inflationary impact on the Nation's economy.

                                PRIVACY

  The reported bill would have little, if any, impact on the 
personal privacy of U.S. citizens.

                               PAPERWORK

  The reported bill would not increase paperwork requirements 
for the private sector.

                      Section-by-Section Analysis


Section 1. Short title; table of contents.

  This section designates the title of the bill as the 
``National Transportation Safety Board Reauthorization Act of 
2006''.

Section 2. Reports.

  This section would require the NTSB to include additional 
information related to investigations, the Academy, and 
contracts in its annual report to Congress. The Board must 
provide, each year, a list of accidents that the Board was 
required to investigate but did not investigate, along with an 
explanation of why they were not investigated. Additionally, 
this section requires the Board to list ongoing investigations 
that have exceeded the expected time allotted for completion by 
Board order, along with an explanation for the additional time 
to complete the investigation also is required each year. This 
section would require the NTSB to develop a plan, within 90 
days, for the Academy to achieve self-sufficiency and fully 
utilize the Academy's resources and facilities. A draft of this 
plan must be submitted to the GAO for review, and provided to 
the Senate Committee on Commerce, Science, and Transportation 
and the House Committee on Transportation and Infrastructure. 
After consideration of any GAO comments, the NTSB must submit 
an updated report on its plan to Congress within 180 days, and 
that plan must be fully implemented within 2 years after the 
enactment of the legislation.
  This section also would mandate that, within 90 days of the 
submission of DOT's annual report on implementation of Board 
recommendations relevant to DOT, the NTSB review and comment on 
the DOT report to the DOT and Congress. The Board is further 
encouraged to provide recommendations and comments to the 
Congress pertaining to pending transportation safety 
legislation.

Section 3. Contracting requirements for investigation services.

  This section would make permanent the Board's authority to 
enter into agreements or contracts for investigations conducted 
under the Board's general authority without regard to any 
provision of law requiring competition, if necessary to 
expedite the investigation. A description and rationale of each 
contract permitted under this authority would be required 
annually.

Section 4. Technical corrections.

  This section of the bill would establish the position of a 
Managing Director that will appoint and supervise officers and 
employees (other than those in the immediate office of a Board 
member) as well as fix the pay of all officers and employees. 
The Managing Director would be appointed by the Chairman in 
consultation with the Board, and must be subject to an approval 
process established by the Board.
  This section would permit each member of the Board to appoint 
and supervise two fulltime employees in his or her immediate 
office, with such employees still subject to standards that 
apply to all NTSB employees. The Board also would be required, 
within 6 months, to set up an investigation tracking system 
available to all Board members that tracks the status and 
activities associated with all ongoing and pending 
investigations undertaken by the Board. The Board would be 
required to develop a process for the Board to review and 
comment on documents submitted the President, Office of 
Management and Budget, or Congress.
  This section also would require the NTSB to locate at least 
one fulltime employee in every State more than 1,000 miles from 
the nearest NTSB regional office to permit timely initial 
response to accidents occurring anywhere in the United States.

Section 5. Amtrak plan to assist families of passengers involved in 
        rail passenger accidents.

  Within 6 months after enactment, Amtrak would be required to 
submit to the NTSB, DOT, and the Department of Homeland 
Security a plan for providing the NTSB and DOT a list of the 
names of passengers involved in train accidents and notifying 
their families appropriately. This initiative is modeled after 
the NTSB's aviation accident authority with $500,000 authorized 
in FY 2007 to carry out the section.

Section 6. Inspector General of the NTSB.

  This section would give the DOT IG the authority over Board 
programs, operations, and activities not directly associated 
with specific accident investigations or adjudications, 
specifically: (1) financial management, property management, 
and business operations, including internal accounting and 
administrative control systems, (2) information management and 
security, including privacy protection of personally 
identifiable information, (3) resource management, (4) 
workforce development, (5) procurement and contracting 
planning, practices and policies, (6) malfeasance in office by 
Board employees and contractors, and (7) allegations of false 
statements, fraud, and other criminal activity within the 
jurisdiction of the Board.
  The IG's authority would exclude direct involvement or 
oversight in specific accident investigations, and the IG also 
would be required to consult closely with the Senate Committee 
on Commerce, Science, and Transportation and the House 
Committee on Transportation and Infrastructure and the NTSB on 
its on-going investigations.
  In addition, as part of the NTSB Amendments Act of 2000, the 
NTSB is required to reimburse the DOT IG for costs associated 
with the review authority of the DOT IG. This reimbursement 
provision is removed with the understanding that the DOT IG 
would be funded directly for these activities.

Section 7. Audit procedures.

  This section would require the NTSB, in consultation with the 
DOT IG, to continue to develop and implement comprehensive 
internal audit controls for its operations, which must address 
Board asset management systems, including systems for 
accounting management, debt collection, travel, and property 
and inventory management and control.

Section 8. DOT IG to investigate Central Artery project contractors and 
        oversight agencies.

  This section would require the DOT IG to 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. This section would 
give the DOT IG the authority to investigate parties involved 
in the construction, maintenance, and oversight of the Central 
Artery project in order to determine whether the collapse of 
ceiling plates in the tunnel on July 10, 2006, resulted from 
poor planning, development, construction, or other factors.

Section 9. Implementation of NTSB's ``Most Wanted Transportation Safety 
        Improvements, 2006''.

  This section would require the FAA to submit a report to the 
Senate Committee on Commerce, Science, and Transportation and 
the House Committee on Transportation and Infrastructure 
explaining why the agency has not implemented the aviation 
recommendations in the NTSB's ``Most Wanted List.''

Section 10. Authorization of appropriations.

  The bill would authorize $79,594,000 in FY 2007 and 
$84,382,432 in FY 2008, and would eliminate the previous 
practice of separately listing funds for Academy expenses. The 
bill also would permit the Board to use refunds and 
reimbursements that are received in a fiscal year subsequent to 
the year for which the funds were originally appropriated.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                        TITLE 49. TRANSPORTATION

                 SUBTITLE II. OTHER GOVERNMENT AGENCIES

            CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD

             SUBCHAPTER II. ORGANIZATION AND ADMINISTRATIVE

Sec. 1111. General organization

  (a) Organization.--The National Transportation Safety Board 
is an independent establishment of the United States 
Government.
  (b) Appointment of Members.--The Board is composed of 5 
members appointed by the President, by and with the advice and 
consent of the Senate. Not more than 3 members may be appointed 
from the same political party. At least 3 members shall be 
appointed on the basis of technical qualification, professional 
standing, and demonstrated knowledge in accident 
reconstruction, safety engineering, human factors, 
transportation safety, or transportation regulation.
  (c) Terms of Office and Removal.--The term of office of each 
member is 5 years. An individual appointed to fill a vacancy 
occurring before the expiration of the term for which the 
predecessor of that individual was appointed, is appointed for 
the remainder of that term. When the term of office of a member 
ends, the member may continue to serve until a successor is 
appointed and qualified. The President may remove a member for 
inefficiency, neglect of duty, or malfeasance in office.
  (d) Chairman and Vice Chairman.--The President shall 
designate, by and with the advice and consent of the Senate, a 
Chairman of the Board. The President also shall designate a 
Vice Chairman of the Board. The terms of office of both the 
Chairman and Vice Chairman are 2 years. When the Chairman is 
absent or unable to serve or when the position of Chairman is 
vacant, the Vice Chairman acts as Chairman.
  (e) Duties and Powers of Chairman.--The Chairman is the chief 
executive and administrative officer of the Board. Subject to 
the general policies and decisions of the Board, the Chairman 
shall--
          [(1) appoint, supervise, and fix the pay of officers 
        and employees necessary to carry out this chapter;]
          (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) fix the pay of officers and employees necessary 
        to carry out this chapter;
          [(2)] (3) distribute business among the officers, 
        employees, and administrative units of the Board; and
          [(3)] (4) supervise the expenditures of the Board.
  (f) Quorum.--Three members of the Board are a quorum in 
carrying out duties and powers of the Board.
  (g) Offices, Bureaus, and Divisions.--The Board shall 
establish offices necessary to carry out this chapter, 
including an office to investigate and report on the safe 
transportation of hazardous material. The Board shall establish 
distinct and appropriately staffed bureaus, divisions, or 
offices to investigate and report on accidents involving each 
of the following modes of transportation:
          (1) aviation.
          (2) highway and motor vehicle.
          (3) rail and tracked vehicle.
          (4) pipeline.
          (5) marine.
  (h) Chief Financial Officer.--The Chairman shall designate an 
officer or employee of the Board as the Chief Financial 
Officer. The Chief Financial Officer shall--
          (1) report directly to the Chairman on financial 
        management and budget execution;
          (2) direct, manage, and provide policy guidance and 
        oversight on financial management and property and 
        inventory control; and
          (3) review the fees, rents, and other charges imposed 
        by the Board for services and things of value it 
        provides, and suggest appropriate revisions to those 
        charges to reflect costs incurred by the Board in 
        providing those services and things of value.
  (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.
  [(i)] (k) Seal.--The Board shall have a seal that shall be 
judicially recognized.

Sec. 1113. Administrative

  (a) General authority.--(1) The National Transportation 
Safety Board, and when authorized by it, a member of the Board, 
an administrative law judge employed by or assigned to the 
Board, or an officer or employee designated by the Chairman of 
the Board, may conduct hearings to carry out this chapter, 
administer oaths, and require, by subpena or otherwise, 
necessary witnesses and evidence.
  (2) A witness or evidence in a hearing under paragraph (1) of 
this subsection may be summoned or required to be produced from 
any place in the United States to the designated place of the 
hearing. A witness summoned under this subsection is entitled 
to the same fee and mileage the witness would have been paid in 
a court of the United States.
  (3) A subpena shall be issued under the signature of the 
Chairman or the Chairman's delegate but may be served by any 
person designated by the Chairman.
  (4) If a person disobeys a subpena, order, or inspection 
notice of the Board, the Board may bring a civil action in a 
district court of the United States to enforce the subpena, 
order, or notice. An action under this paragraph may be brought 
in the judicial district in which the person against whom the 
action is brought resides, is found, or does business. The 
court may punish a failure to obey an order of the court to 
comply with the subpena, order, or notice as a contempt of 
court.
  (b) Additional powers.--(1) The Board may--
          (A) procure the temporary or intermittent services of 
        experts or consultants under section 3109 of title 5;
          (B) make agreements and other transactions necessary 
        to carry out this chapter without regard to section 
        3709 of the Revised Statutes (41 U.S.C. 5);
          (C) use, when appropriate, available services, 
        equipment, personnel, and facilities of a department, 
        agency, or instrumentality of the United States 
        Government on a reimbursable or other basis;
          (D) confer with employees and use services, records, 
        and facilities of State and local governmental 
        authorities;
          (E) appoint advisory committees composed of qualified 
        private citizens and officials of the Government and 
        State and local governments as appropriate;
          (F) accept voluntary and uncompensated services 
        notwithstanding another law;
          (G) accept gifts of money and other property;
          (H) make contracts with nonprofit entities to carry 
        out studies related to duties and powers of the Board; 
        [and]
  (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
          [(I)] (J) negotiate and enter into agreements with 
        individuals and private entities and departments, 
        agencies, and instrumentalities of the Government, 
        State and local governments, and governments of foreign 
        countries for the provision of facilities, accident-
        related and technical services or training in accident 
        investigation theory and techniques, and require that 
        such entities provide appropriate consideration for the 
        reasonable costs of any facilities, goods, services, or 
        training provided by the Board.
  (2) The Board shall deposit in the Treasury amounts received 
under paragraph [(1)(I)] (1)(J) of this subsection to be 
credited as offsetting collections to the appropriation of the 
Board. The Board shall maintain an annual record of collections 
received under paragraph [(1)(I)] (1)(J) of this subsection.
  (c) Submission of Certain Copies to Congress.--When the Board 
submits to the President or the Director of the Office of 
Management and Budget a budget estimate, budget request, 
supplemental budget estimate, other budget information, a 
legislative recommendation, prepared testimony for 
congressional hearings, or comments on legislation, the Board 
must submit a copy to Congress at the same time. An officer, 
department, agency, or instrumentality of the Government may 
not require the Board to submit the estimate, request, 
information, recommendation, testimony, or comments to another 
officer, department, agency, or instrumentality of the 
Government for approval, comment, or review before being 
submitted to Congress. 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.
  (d) Liaison committees.--The Chairman may determine the 
number of committees that are appropriate to maintain effective 
liaison with other departments, agencies, and instrumentalities 
of the Government, State and local governmental authorities, 
and independent standard-setting authorities that carry out 
programs and activities related to transportation safety. The 
Board may designate representatives to serve on or assist those 
committees.
  (e) Inquiries.--The Board, or an officer or employee of the 
Board designated by the Chairman, may conduct an inquiry to 
obtain information related to transportation safety after 
publishing notice of the inquiry in the Federal Register. The 
Board or designated officer or employee may require by order a 
department, agency, or instrumentality of the Government, a 
State or local governmental authority, or a person transporting 
individuals or property in commerce to submit to the Board a 
written report and answers to requests and questions related to 
a duty or power of the Board. The Board may prescribe the time 
within which the report and answers must be given to the Board 
or to the designated officer or employee. Copies of the report 
and answers shall be made available for public inspection.
  (f) Regulations.--The Board may prescribe regulations to 
carry out this chapter.
  (g) Overtime Pay.--(1) In general.--Subject to the 
requirements of this section and notwithstanding paragraphs (1) 
and (2) of section 5542(a) of title 5, for an employee of the 
Board whose basic pay is at a rate which equals or exceeds the 
minimum rate of basic pay for GS-10 of the General Schedule, 
the Board may establish an overtime hourly rate of pay for the 
employee with respect to work performed at the scene of an 
accident (including travel to or from the scene) and other work 
that is critical to an accident investigation in an amount 
equal to one and one-half times the hourly rate of basic pay of 
the employee. All of such amount shall be considered to be 
premium pay.
  (2) Limitation on overtime pay to an employee.--An employee 
of the Board may not receive overtime pay under paragraph (1), 
for work performed in a calendar year, in an amount that 
exceeds 15 percent of the annual rate of basic pay of the 
employee for such calendar year.
  (3) Limitation on total amount of overtime pay.--The Board 
may not make overtime payments under paragraph (1) for work 
performed in any fiscal year in a total amount that exceeds 1.5 
percent of the amount appropriated to carry out this chapter 
for that fiscal year.
  (4) Basic pay defined.--In this subsection, the term ``basic 
pay'' includes any applicable locality- based comparability 
payment under section 5304 of title 5 (or similar provision of 
law) and any special rate of pay under section 5305 of title 5 
(or similar provision of law).
  (5) Annual report.--Not later than January 31, 2002, and 
annually thereafter, the Board shall transmit to the Senate 
Committee on Commerce, Science, and Transportation and the 
House Transportation and Infrastructure Committee a report 
identifying the total amount of overtime payments made under 
this subsection in the preceding fiscal year, and the number of 
employees whose overtime pay under this subsection was limited 
in that fiscal year as a result of the 15 percent limit 
established by paragraph (2).
  (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. 1117. Annual report

    The National Transportation Safety Board shall submit a 
report to Congress on July 1 of each year. The report shall 
include--
          (1) a statistical and analytical summary of the 
        transportation accident investigations conducted and 
        reviewed by the Board during the prior calendar year;
          (2) a survey and summary of the recommendations made 
        by the Board to reduce the likelihood of recurrence of 
        those accidents together with the observed response to 
        each recommendation; [and]
          (3) a detailed appraisal of the accident 
        investigation and accident prevention activities of 
        other departments, agencies, and instrumentalities of 
        the United States Government and State and local 
        governmental authorities having responsibility for 
        those activities under a law of the United States or a 
        [State.] State;
          (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;
          (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; and
          (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. 1118. Authorization of appropriations

  (a) In general.--There are authorized to be appropriated for 
the purposes of this chapter $57,000,000 for fiscal year 2000, 
$65,000,000 for fiscal year 2001, $72,000,000 for fiscal year 
2002, $73,325,000 for fiscal year 2003, $78,757,000 for fiscal 
year 2004, $83,011,000 for fiscal year 2005, [and] $87,539,000 
for fiscal year [2006.] 2006, $79,594,000 for fiscal year 2007, 
and $84,382,432 for fiscal year 2008. Such sums shall remain 
available until expended.
  [(b) Emergency fund.--The Board has an emergency fund of 
$2,000,000 available for necessary expenses of the Board, not 
otherwise provided for, for accident investigations. In 
addition, there are authorized to be appropriated such sums as 
may be necessary to increase the fund to, and maintain the fund 
at, a level not to exceed $4,000,000.]
  (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) [Academy.--]Fees, Refunds, and Reimbursements._[(1) 
Authorization.--There are authorized to be appropriated to the 
Board for necessary expenses of the National Transportation 
Safety Board Academy, not otherwise provided for, $3,347,000 
for fiscal year 2003, $4,896,000 for fiscal year 2004, 
$4,995,000 for fiscal year 2005, and $5,200,000 for fiscal year 
2006. Such sums shall remain available until expended.]
  [(2) Fees.--The Board may impose and collect such fees as it 
determines to be appropriate for services provided by or 
through the Academy.]
          (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.
          [(3)] (2) Receipts credited as offsetting 
        collections.--Notwithstanding section 3302 of title 31, 
        any [fee] 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;] 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;] imposed or with 
                which the refund or reimbursement is 
                associated; and
                  (C) shall remain available until expended.
          [(4)] (3) Refunds.--The Board may refund any fee paid 
        by mistake or any amount paid in excess of that 
        required.
  [(d) Report on Academy Operations.--The National 
Transportation Safety Board shall transmit an annual report to 
the Congress on the activities and operations of the National 
Transportation Safety Board Academy.]

                       SUBCHAPTER III. AUTHORITY

Sec. 1131. General authority

  (a) General.--(1) The National Transportation Safety Board 
shall investigate or have investigated (in detail the Board 
prescribes) and establish the facts, circumstances, and cause 
or probable cause of--
          (A) an aircraft accident the Board has authority to 
        investigate under section 1132 of this title or an 
        aircraft accident involving a public aircraft as 
        defined by section 40102(a)(37) of this title other 
        than an aircraft operated by the Armed Forces or by an 
        intelligence agency of the United States;
          (B) a highway accident, including a railroad grade 
        crossing accident, the Board selects in cooperation 
        with a State;
          (C) a railroad accident in which there is a fatality 
        or substantial property damage, or that involves a 
        passenger train;
          (D) a pipeline accident in which there is a fatality, 
        substantial property damage, or significant injury to 
        the environment;
          (E) a major marine casualty (except a casualty 
        involving only public vessels) occurring [on the 
        navigable waters or territorial sea of the United 
        States,] on the navigable waters, all internal waters, 
        and the territorial sea of the United States, or 
        involving a vessel of the United States (as defined in 
        section 2101(46)), under regulations prescribed jointly 
        by the Board and the head of the department in which 
        the Coast Guard is operating; and
          (F) any other accident related to the transportation 
        of individuals or property when the Board decides--
                  (i) the accident is catastrophic;
                  (ii) the accident involves problems of a 
                recurring character; or
                  (iii) the investigation of the accident would 
                carry out this chapter.
  (2)(A) Subject to the requirements of this paragraph, an 
investigation by the Board under paragraph (1)(A)-(D) or (F) of 
this subsection has priority over any investigation by another 
department, agency, or instrumentality of the United States 
Government. The Board shall provide for appropriate 
participation by other departments, agencies, or 
instrumentalities in the investigation. However, those 
departments, agencies, or instrumentalities may not participate 
in the decision of the Board about the probable cause of the 
accident.
  (B) If the Attorney General, in consultation with the 
Chairman of the Board, determines and notifies the Board that 
circumstances reasonably indicate that the accident may have 
been caused by an intentional criminal act, the Board shall 
relinquish investigative priority to the Federal Bureau of 
Investigation. The relinquishment of investigative priority by 
the Board shall not otherwise affect the authority of the Board 
to continue its investigation under this section.
  (C) If a Federal law enforcement agency suspects and notifies 
the Board that an accident being investigated by the Board 
under subparagraph (A), (B), (C), or (D) of paragraph (1) may 
have been caused by an intentional criminal act, the Board, in 
consultation with the law enforcement agency, shall take 
necessary actions to ensure that evidence of the criminal act 
is preserved.
  (3) This section and sections 1113, 1116(b), 1133, and 
1134(a) and (c)-(e) of this title do not affect the authority 
of another department, agency, or instrumentality of the 
Government to investigate an accident under applicable law or 
to obtain information directly from the parties involved in, 
and witnesses to, the accident. The Board and other 
departments, agencies, and instrumentalities shall ensure that 
appropriate information developed about the accident is 
exchanged in a timely manner.
  (b) Accidents involving public vessels.--(1) The Board or the 
head of the department in which the Coast Guard is operating 
shall investigate and establish the facts, circumstances, and 
cause or probable cause of a marine accident involving a public 
vessel and any other vessel. The results of the investigation 
shall be made available to the public.
  (2) Paragraph (1) of this subsection and subsection (a)(1)(E) 
of this section do not affect the responsibility, under another 
law of the United States, of the head of the department in 
which the Coast Guard is operating.
  (c) Accidents Not Involving Government Misfeasance or 
Nonfeasance.--(1) When asked by the Board, the Secretary of 
Transportation or the Secretary of the department in which the 
Coast Guard is operating may--
          (A) investigate an accident described under 
        subsection (a) or (b) of this section in which 
        misfeasance or nonfeasance by the Government has not 
        been alleged; and
          (B) report the facts and circumstances of the 
        accident to the Board.
  (2) The Board shall use the report in establishing cause or 
probable cause of an accident described under subsection (a) or 
(b) of this section.
  (d) Accidents involving public aircraft.--The Board, in 
furtherance of its investigative duties with respect to public 
aircraft accidents under subsection (a)(1)(A) of this section, 
shall have the same duties and powers as are specified for 
civil aircraft accidents under sections 1132(a), 1132(b), and 
1134(a), (b), (d), and (f) of this title.
  (e) Accident reports.--The Board shall report on the facts 
and circumstances of each accident investigated by it under 
subsection (a) or (b) of this section. The Board shall make 
each report available to the public at reasonable cost.

[Sec. 1137. Authority of the Inspector General

  [(a) In general.--The Inspector General of the Department of 
Transportation, in accordance with the mission of the Inspector 
General to prevent and detect fraud and abuse, shall have 
authority to review only the financial management, property 
management, and business operations of the National 
Transportation Safety Board, including internal accounting and 
administrative control systems, to determine compliance with 
applicable Federal laws, rules, and regulations.
  [(b) Duties.--In carrying out this section, the Inspector 
General shall--
          [(1) keep the Chairman of the Board and Congress 
        fully and currently informed about problems relating to 
        administration of the internal accounting and 
        administrative control systems of the Board;
          [(2) issue findings and recommendations for actions 
        to address such problems; and
          [(3) report periodically to Congress on any progress 
        made in implementing actions to address such problems.
  [(c) Access to Information.--In carrying out this section, 
the Inspector General may exercise authorities granted to the 
Inspector General under subsections (a) and (b) of section 6 of 
the Inspector General Act of 1978 (5 U.S.C. App.).
  [(d) Reimbursement.--The Inspector General shall be 
reimbursed by the Board for the costs associated with carrying 
out activities under this section.]

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.

           *       *       *       *       *       *       *


                       SUBTITLE V--RAIL PROGRAMS

                    PART C--PASSENGER TRANSPORTATION

                          CHAPTER 243. AMTRAK

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 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.

                                  
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