[109th Congress Public Law 443]
[From the U.S. Government Printing Office]


[DOCID: f:publ443.109]

[[Page 120 STAT. 3297]]

Public Law 109-443
109th Congress

                                 An Act


 
 To amend title 49, United States Code, to authorize appropriations for 
  fiscal years 2007 and 2008, and for other purposes. <<NOTE: Dec. 21, 
                         2006 -  [H.R. 5076]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: National 
Transportation Safety Board Reauthorization Act of 2006.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This <<NOTE: 49 USC 1101 note.>> Act may be cited 
as the ``National Transportation Safety Board Reauthorization Act of 
2006''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

SEC. 2. REPORTS.

    (a) Annual Reports.--
            (1) In general.--Section 1117 of title 49, United States 
        Code, is amended--
                    (A) in paragraph (2) by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (3) by striking ``State.'' and 
                inserting ``State;''; and
                    (C) by adding at the end the following:
            ``(4) a description of the activities and operations of the 
        National Transportation Safety Board Academy during the prior 
        calendar year;
            ``(5) a list of accidents, during the prior calendar year, 
        that the Board was required to investigate under section 1131 
        but did not investigate and an explanation of why they were not 
        investigated; and
            ``(6) a list of ongoing investigations that have exceeded 
        the expected time allotted for completion by Board order and an 
        explanation for the additional time required to complete each 
        such investigation.''.
            (2) Utilization <<NOTE: 49 USC 1111 note.>> plan.--

[[Page 120 STAT. 3298]]

                    (A) Plan.--Within 90 days after the date of 
                enactment of this Act, the National Transportation 
                Safety Board shall--
                          (i) develop a plan to achieve, to the maximum 
                      extent feasible, the self-sufficient operation of 
                      the National Transportation Safety Board Academy 
                      and utilize the Academy's facilities and 
                      resources;
                          (ii) submit a draft of the plan to the 
                      Comptroller General for review and comment; and
                          (iii) submit a draft of the plan to the 
                      Committee on Commerce, Science, and Transportation 
                      of the Senate and the Committee on Transportation 
                      and Infrastructure of the House of 
                      Representatives.
                    (B) Plan development considerations.--The Board 
                shall--
                          (i) give consideration in developing the plan 
                      under subparagraph (A)(i) to other revenue-
                      generating measures, including subleasing the 
                      facility to another entity; and
                          (ii) include in the plan a detailed financial 
                      statement that covers current Academy expenses and 
                      revenues and an analysis of the projected impact 
                      of the plan on the Academy's expenses and 
                      revenues.
                    (C) Report.--Within 180 days after the date of 
                enactment of this Act, the National Transportation 
                Safety Board shall submit a report to the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committee on Transportation and Infrastructure of 
                the House of Representatives that includes--
                          (i) an updated copy of the plan developed 
                      pursuant to subparagraph (A)(i);
                          (ii) any comments and recommendations made by 
                      the Comptroller General pursuant to the Government 
                      Accountability Office's review of the draft plan; 
                      and
                          (iii) a response to the Comptroller General's 
                      comments and recommendations, including a 
                      description of any modifications made to the plan 
                      in response to those comments and recommendations.
                    (D) Implementation.--The plan developed pursuant to 
                subparagraph (A)(i) shall be implemented within 2 years 
                after the date of enactment of this Act.

    (b) DOT Report on Compliance With Recommendations.--Section 
1135(d)(3) of title 49, United States Code, is amended to read as 
follows:
            ``(3) Compliance report with recommendations.--Within 90 
        days after the date on which the Secretary submits a report 
        under this subsection, the Board shall review the Secretary's 
        report and transmit comments on the report to the Secretary, the 
        Committee on Commerce, Science, and Transportation of the 
        Senate, and the Committee on Transportation and Infrastructure 
        of the House of Representatives.''.
SEC. 3. INVESTIGATION SERVICES.

    (a) In General.--Section 4(a) of the National Transportation Safety 
Board Reauthorization Act of 2003 (Public Law 108-168; 49 U.S.C. 1113 
note) is amended by striking ``From the date of

[[Page 120 STAT. 3299]]

enactment of this Act through September 30, 2006, the'' and inserting 
``The''.
    (b) Report.--Section 4(b) of such Act is amended--
            (1) by striking ``On February 1, 2006,'' and inserting ``On 
        July 1 of each year, as part of the annual report required by 
        section 1117 of title 49, United States Code,''; and
            (2) in paragraph (1) by striking ``for $25,000 or more''.
SEC. 4. EXPENSES OF DOT INSPECTOR GENERAL.

    Section 1137(d) of title 49, United States Code, is amended to read 
as follows:
    ``(d) Authorizations of Appropriations.--
            ``(1) Funding.--There are authorized to be appropriated to 
        the Secretary of Transportation for use by the Inspector General 
        of the Department of Transportation such sums as may be 
        necessary to cover expenses associated with activities pursuant 
        to the authority exercised under this section.
            ``(2) Reimbursable agreement.--In the absence of an 
        appropriation under this subsection for an expense referred to 
        in paragraph (1), the Inspector General and the Board shall have 
        a reimbursable agreement to cover such expense.''.
SEC. 5. EVALUATION AND AUDIT OF THE NATIONAL TRANSPORTATION SAFETY 
                    BOARD.

    (a) In General.--Subchapter III of chapter 11 of title 49, United 
States Code, is amended by adding at the end the following:

``Sec. 1138. Evaluation and audit of National Transportation Safety 
                        Board

    ``(a) In General.--To promote economy, efficiency, and effectiveness 
in the administration of the programs, operations, and activities of the 
National Transportation Safety Board, the Comptroller General of the 
United States shall evaluate and audit the programs and expenditures of 
the National Transportation Safety Board. Such evaluation and audit 
shall be conducted at least annually, but may be conducted as determined 
necessary by the Comptroller General or the appropriate congressional 
committees.
    ``(b) Responsibility of Comptroller General.--The Comptroller 
General shall evaluate and audit Board programs, operations, and 
activities, including--
            ``(1) information management and security, including privacy 
        protection of personally identifiable information;
            ``(2) resource management;
            ``(3) workforce development;
            ``(4) procurement and contracting planning, practices and 
        policies;
            ``(5) the extent to which the Board follows leading 
        practices in selected management areas; and
            ``(6) the extent to which the Board addresses management 
        challenges in completing accident investigations.

    ``(c) Appropriate Congressional Committees.--For purposes of this 
section the term `appropriate congressional committees' means the 
Committee on Commerce, Science and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives.''.

[[Page 120 STAT. 3300]]

    (b) Clerical Amendment.--The analysis for such chapter is amended by 
inserting after the item relating to section 1137 the following:

``1138. Evaluation and audit of National Transportation Safety Board''.

SEC. 6. <<NOTE: 49 USC 1111 note.>> AUDIT PROCEDURES.

     The National Transportation Safety Board, in consultation with the 
Inspector General of the Department of Transportation, shall continue to 
develop and implement comprehensive internal audit controls for its 
operations. The audit controls shall address, at a minimum, Board asset 
management systems, including systems for accounting management, debt 
collection, travel, and property and inventory management and control.
SEC. 7. <<NOTE: Deadline. Reports.>> IMPLEMENTATION OF NTSB'S 
                    ``MOST WANTED TRANSPORTATION SAFETY 
                    IMPROVEMENTS, 2006''.

    Within 90 days after the date of enactment of this Act, the 
Administrator of the Federal Aviation Administration shall submit a 
report to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives explaining why the Federal Aviation 
Administration has not implemented the aviation recommendations in the 
``Most Wanted Transportation Safety Improvements, 2006'' of the National 
Transportation Safety Board.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 1118(a) of title 49, United States Code, is 
amended--
            (1) by striking ``and'' after ``2005,''; and
            (2) by striking ``2006.'' and inserting ``2006, $81,594,000 
        for fiscal year 2007, and $92,625,000 for fiscal year 2008.''.

    (b) Fees, Refunds, and Reimbursements.--
            (1) In general.--Section 1118(c) of such title is amended to 
        read as follows:

    ``(c) Fees, Refunds, and Reimbursements.--
            ``(1) In general.--The Board may impose and collect such 
        fees, refunds, and reimbursements as it determines to be 
        appropriate for services provided by or through the Board.
            ``(2) Receipts credited as offsetting collections.--
        Notwithstanding section 3302 of title 31, any fee, refund, or 
        reimbursement collected under this subsection--
                    ``(A) shall be credited as offsetting collections to 
                the account that finances the activities and services 
                for which the fee is imposed or with which the refund or 
                reimbursement is associated;
                    ``(B) shall be available for expenditure only to pay 
                the costs of activities and services for which the fee 
                is imposed or with which the refund or reimbursement is 
                associated; and
                    ``(C) shall remain available until expended.
            ``(3) Refunds.--The Board may refund any fee paid by mistake 
        or any amount paid in excess of that required.''.
            (2) Effective date.--The <<NOTE: 49 USC 1118 
        note.>> amendments made by paragraph (1) shall take effect on 
        October 1, 2005.

    (c) Report.--Section 1118(d) of title 49, United States Code, is 
repealed.

[[Page 120 STAT. 3301]]

SEC. 9. TECHNICAL CORRECTIONS.

    (a) Functional Unit for Marine Investigations.--Section 1111(g) of 
title 49, United States Code, is amended by adding at the end the 
following:
            ``(5) marine.''.

    (b) Marine Casualty Investigations.--Section 1131(a)(1)(E) of such 
title is amended--
            (1) by striking ``on the navigable waters or territorial sea 
        of the United States,'' and inserting ``on or under the 
        navigable waters, internal waters, or the territorial sea of the 
        United States as described in Presidential Proclamation No. 5928 
        of December 27, 1988,''; and
            (2) by inserting ``(as defined in section 2101(46) of title 
        46)'' after ``vessel of the United States''.

    (c) Reference to Departmental Authority.--Section 1131(c)(1) of such 
title is amended by inserting ``or the Secretary of the department in 
which the Coast Guard is operating'' after ``Transportation''.
    (d) Appointment of Staff.--Section 1111 of such title is amended--
            (1) by striking paragraph (1) of subsection (e) and 
        inserting the following:
            ``(1) appoint and supervise officers and employees, other 
        than regular and full-time employees in the immediate offices of 
        another member, necessary to carry out this chapter;'';
            (2) by redesignating paragraphs (2) and (3) of subsection 
        (e) as paragraphs (3) and (4), respectively;
            (3) by inserting after paragraph (1) of subsection (e) the 
        following:
            ``(2) fix the pay of officers and employees necessary to 
        carry out this chapter;'';
            (4) by redesignating subsection (i) as subsection (j); and
            (5) by inserting after subsection (h) the following:

    ``(i) Board Member Staff.--Each member of the Board shall select and 
supervise regular and full-time employees in his or her immediate office 
as long as any such employee has been approved for employment by the 
designated agency ethics official under the same guidelines that apply 
to all employees of the Board. Except for the Chairman, the appointment 
authority provided by this subsection is limited to the number of full-
time equivalent positions, in addition to 1 senior professional staff at 
a level not to exceed the GS 15 level and 1 administrative staff, 
allocated to each member through the Board's annual budget and 
allocation process.''.
    (e) Spelling Correction.--Section 1113(a) of such title is amended 
in paragraphs (3) and (4) by striking ``subpena'' and inserting 
``subpoena''.
    (f) Board Review.--Section 1113(c) of such title is amended by 
inserting after the period at the end the following: ``The Board shall 
develop and approve a process for the Board's review and comment or 
approval of documents submitted to the President, Director of the Office 
of Management and Budget, or Congress under this subsection.''.
    (g) Investigative Officers.--Section 1113 of such title is amended 
by adding at the end the following:
    ``(h) Investigative Officers.--The Board shall maintain at least 1 
full-time employee in each State located more than 1,000

[[Page 120 STAT. 3302]]

miles from the nearest Board regional office to provide initial 
investigative response to accidents the Board is empowered to 
investigate under this chapter that occur in that State.''.
SEC. 10. <<NOTE: Alaska.>> SAFETY REVIEW.

    (a) Safety Area Alternatives.--With regard to an environmental 
review of a project to improve runway safety areas on Runway 8/26 at 
Juneau International Airport, the Secretary of Transportation may only 
select as the preferred alternative the least expensive runway safety 
area alternative that meets the standards of the Federal Aviation 
Administration and that maintains the length of the runway as of the 
date of enactment of this Act.
    (b) Costs to Be Considered.--In determining what is the least 
expensive runway safety area for purposes of subsection (a), the 
Secretary shall consider, at a minimum, the initial development costs 
and life cycle costs of the project.
    (c) Satisfaction of Requirement.--With respect to the project 
described in subsection (a), the requirements of section 303(c)(1) of 
title 49, United States Code, shall be considered to be satisfied by the 
selection of the least expensive safety area alternative.
SEC. 11. <<NOTE: Massachusetts.>> DOT INSPECTOR GENERAL OVERSIGHT 
                      AND INVESTIGATIONS RELATED TO CENTRAL ARTERY 
                      TUNNEL PROJECT.

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


[[Page 120 STAT. 3303]]

and critical nature in carrying out this section, the Inspector General 
shall promptly notify Congress.

    Approved December 21, 2006.

LEGISLATIVE HISTORY--H.R. 5076 (S. 3679):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 109-512 (Comm. on Transportation and Infrastructure).
SENATE REPORTS: No. 109-335 accompanying S. 3679 (Comm. on Commerce, 
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 152 (2006):
            Dec. 6, considered and passed House.
            Dec. 7, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
            Dec. 21, Presidential statement.

                                  <all>