[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

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 3298]]
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 3299]]
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 3300]]
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 3301]]
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 3302]]
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 3303]]
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):
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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.