49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–512 

NATIONAL TRANSPORTATION SAFETY BOARD 

AMENDMENTS ACT OF 2006 

JUNE 20, 2006.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. YOUNG of Alaska, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 5076] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 5076) to amend title 49, United States 

Code, to authorize appropriations for fiscal years 2007, 2008, and 

2009, and for other purposes, having considered the same, report 

favorably thereon without amendment and recommend that the bill 

do pass. 

PURPOSE OF THE LEGISLATION

H.R. 5076 reauthorizes the National Transportation Safety Board 

(NTSB) for fiscal years 2007 through 2009. The Board’s authorization expires on September 30, 2006. 

BACKGROUND AND NEED FOR THE LEGISLATION

The NTSB is charged with investigating civil aviation accidents 

and significant transportation accidents in the surface modes—railroad, highway, marine, and pipeline. The NTSB determines the 

probable cause of all civil aviation accidents and significant surface 

transportation accidents, conducts safety studies, and evaluates the 

effectiveness of other government agencies’ programs for preventing transportation accidents. 

In addition, the NTSB assists the families of victims of aviation 

accidents. When resources allow, the NTSB also provides family assistance for accidents in other transportation modes. 

The Board also serves as the ‘‘court of appeal’’ for airmen, mechanics, and mariners whenever the Federal Aviation AdministraVerDate Aug 31 2005 00:23 Jun 22, 2006 Jkt 049006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR512.XXX HR512

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tion (FAA) or the U.S. Coast Guard takes a certificate action. The 

Board’s four administrative law judges issue decisions on appeals 

filed with the Board, and these decisions may be further appealed 

to the full five-member Board. 

Most importantly, 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. 

Since 1967, the Board has investigated more than 124,000 aviation accidents, and at least 10,000 accidents in other transportation 

modes. The Safety Board 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. 

NTSB has no authority to issue substantive regulations covering 

the transportation industry. Therefore, its effectiveness is dependent upon timely accident reports and safety recommendations. According to the NTSB, since its inception in 1967, it has issued almost 12,000 safety recommendations in all modes of transportation. 

The regulatory and transportation communities have adopted more 

than 82 percent of these recommendations. 

NTSB structure 

The NTSB is composed of five board members who are nominated by the President and confirmed by the Senate. No more than 

three members may be from the same political party, and at least 

three members must be appointed on the basis of technical qualification, professional standing, and demonstrated technical knowledge. All board members serve a five-year term. The President designates, and the Senate confirms, one of the five members to serve 

as Chairman for a term of two years. The President also designates 

one of the members to serve as Vice Chairman. 

NTSB operations 

Each year, the NTSB investigates more than 1,800 aviation accidents and incidents, and about one hundred railroad, highway, 

maritime, and pipeline transportation accidents. To leverage its 

limited resources, the Board 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 not only greatly multiplies the Board’s 

resources, it also 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 Federal Aviation Administration is a party to each aviation investigation. Only those 

entities that can provide technical expertise required for the investigation are granted party status, and only those persons who can 

provide the Board with needed expertise are permitted to serve on 

the investigative team. 

When the NTSB is notified of a major accident, it launches a ‘‘goteam’’ that varies in size depending on the severity of the accident 


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and the complexity of the issues involved. Go-teams consist of Safety Board investigators who are experts in appropriate technical 

specialties, based on the mode of transportation and the nature of 

the accident. Each Safety Board expert manages an investigative 

group made up of other experts from industry and government organizations that are parties to the investigation. Each Safety Board 

expert prepares a factual report that is verified for accuracy by the 

party representatives in the group. The factual reports are placed 

in the publicly accessible docket and, after the completion of a formal technical review by the entire 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 Board. 

The NTSB is statutorily required to determine the probable 

cause of all civil aviation accidents. The Board asks the FAA to 

send inspectors to document the facts of certain aviation accidents, 

and the Board uses this information to make a determination of 

probable cause. In general, the Board relies on the FAA to conduct 

the on-scene investigation on its behalf for most non-fatal aviation 

accidents and for some fatal aviation accidents in which the cause 

is obvious and there is little chance of deriving a safety benefit 

from the investigation. 

NTSB Training Academy 

The Academy provides training in transportation safety and accident investigation techniques to its own investigators and the 

transportation community. The NTSB Academy opened in 

Ashburn, Virginia, in September 2003. The 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. 

Concerns about the level of investigative resources being used to 

support the Academy have prompted NTSB management to 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, will monitor the Academy Plan, will oversee marketing 

strategy, and will 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. 


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Authorization and use of appropriations 

The Committee supports the authorized funding levels shown in 

the table below for FY2007–FY2009. For comparison purposes, the 

NTSB’s FY2006 appropriation level and the FY2007 President’s 

Budget request level are also shown. 

[Dollars in millions] 

FY2006 

enacted 

FY2007 

President’s 

budget 

FY2007 

auth. 

FY2008 

auth. 

FY2009 

auth. 

Salaries & Expenses: 

Funding ............................................................................ $76.700 $79.594 $81.594 $99.974 $104.844 

Full-Time Equivalents ...................................................... 396 399 410 475 475 

While the NTSB’s last reauthorization (the National Transportation Safety Board Reauthorization Act of 2003) authorized the 

NTSB and the Academy separately, H.R. 5076 would combine funding for these purposes in a single authorization. The FY2007 President’s budget requests $79.6 million for the NTSB, $2.9 million 

above the FY2006 enacted level. This 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 account. No new program initiatives are funded in the 

President’s request level. Compared to the FY2007 President’s request level, the FY2007 authorization level would permit the hiring 

of 11 additional critical investigative positions, for a total of 410 

full-time equivalent employees. These 11 critical positions include 

a fire and explosion specialist, a rail operations and track specialist, a flight data recorder specialist, a regional air safety investigator specializing in the new light jet aircraft, a survival factors 

investigator, and other technical positions. 

The FY2008 and FY2009 authorization levels are based on 475 

full time equivalent employees. The NTSB has determined through 

a human capital forecast conducted in FY2006 that 475 is the minimum number of full-time employees needed to effectively and efficiently meet the mission and support efforts that are expected of 

the Board. 

Emergency Fund 

The Committee does not support the Administration’s proposal to 

shift the existing $2 million balance of the NTSB’s Emergency 

Fund into the NTSB’s Salaries and Expenses account. Section 2(b) 

of the bill maintains a separate Emergency Fund, and increases 

the Fund from $2 million to $4 million. 

In the event of a major accident that imposes extraordinary costs 

on the NTSB, the Emergency Fund allows the NTSB to proceed 

with its investigation without first waiting for enactment of a supplemental appropriation. 

The cost of a major aviation accident investigation, particularly 

one that requires underwater recovery of wreckage, cannot be accommodated within the NTSB’s normal budget. Typically, a supplemental appropriation must be enacted to cover these extraordinary 

costs, but this can take months. During this time, the Emergency 

Fund is critically important in terms of bridging the gap until a 

supplemental appropriation is received. 


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For example, in FY2000, two major aviation accidents occurred—

Egypt Air Flight 990 and Alaska Airlines Flight 261. Egypt Air occurred in November 1999 and Alaska Air occurred in January 

2000. To fund these two accident investigations, the NTSB needed 

to use a deficiency apportionment (apportioning its full-year appropriation up front) to cover the extraordinary expenses of these two 

investigations until a $5 million payment was received from the 

Egyptian government on June 30, 2000, and a supplemental appropriation was enacted in July 2000. At the time the $5 million was 

received from the Egyptians, the NTSB was within a day of having 

to shut down due to lack of funding. 

In FY1996, the investigations of ValuJet Flight 592 and TWA 

Flight 800 also strained the NTSB’s resources. The Valujet accident occurred in May 1996, followed by the TWA 800 accident in 

July 1996. A supplemental appropriation of $30 million was eventually enacted, but not until a year later, in June 1997. To continue 

its investigation pending enactment of the supplemental, the NTSB 

was forced to rely on the U.S. Navy to absorb the cost of the underwater recovery of TWA 800 wreckage. In addition, funds owed to 

the State of New York and local counties in New York in connection with TWA 800, and to Dade County, Florida, in connection 

with ValuJet 592, were delayed, as well. 

Due to inflation, the cost of these types of accident investigations 

today would be even greater, increasing the need for the Emergency Fund. Therefore, section 2(b) increases the Board’s existing 

Emergency Fund from $2 million to $4 million to better ensure 

that the Board’s investigation of a major accident is not delayed 

pending enactment of a supplemental appropriation. 

Staff of NTSB members 

Section 3 of the bill provides that each member of the Board retains the authority to appoint employees to ‘‘the member’s personal 

staff.’’ The intent of this language is for each member to be provided authority to choose personal professional and administrative 

staff without the need for coordination with or approval by the 

NTSB Chairman or any other agency. Such authority is, however, 

limited to the number of full-time equivalent positions allocated to 

each member, and contingent on each potential employee being approved for employment by the designated agency ethics official 

under the same guidelines applicable to all Safety Board employees. 

Payment for services of DOT Inspector General 

The National Transportation Safety Board Amendments Act of 

2000 (P.L. 106–424) authorized the DOT Inspector General (IG) to 

review the financial management, property management, and business operations of the Board. That Act also provided that the Inspector General would be reimbursed by the Board for the costs associated with carrying out these activities. In FY 2005, the Board 

reimbursed the DOT IG $274,931 for costs associated with carrying 

out these activities. 

Section 7 eliminates the reimbursement provision with the understanding that the Inspector General will be funded directly for 

these activities. This provision allows for a more efficient allocation 


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and management of resources. The Safety Board reports that the 

Inspector General concurs with this proposal. 

Relief from certain contracting requirements for investigation services 

The Board’s last reauthorization legislation, the National Transportation Safety Board Reauthorization Act of 2003 (P.L. 108–168), 

provided the authority for the NTSB to enter into certain agreements or contracts without competition when necessary to expedite 

an investigation. Since this authority was provided in 2003, it has 

been used ten times and has proven beneficial in allowing the 

Board to award quickly contracts to obtain services to expedite accident investigations. This authority sunsets on September 30, 

2006. Section 8 of the bill eliminates the sunset provision and 

makes the special contracting authority permanent. 

Runway safety areas 

Improving runway safety areas remains a NTSB safety recommendation following several plane crashes starting in the 1970’s 

through today. The FAA’s runway safety area program was established in response to the NTSB’s recommendations. Section 10 addresses a runway safety area project at Juneau International Airport in Alaska. 

SUMMARY OF THE LEGISLATION

Sec. 1.—Short title 

This Act may be cited as the ‘‘National Transportation Safety 

Board Amendments Act of 2006’’. 

Sec. 2.—Authorization of appropriations 

Subsection (a) authorizes the appropriation of $81,594,000 for fiscal year 2007, $99,974,000 for fiscal year 2008, and $104,844,000 

for fiscal year 2009 to fund authorized activities of the National 

Transportation Safety Board (NTSB). 

In FY2007, the authorized funding level of $81,594,000 would 

support 410 full-time equivalent staff. This authorized level exceeds the amount requested for the NTSB in the FY2007 President’s Budget by $2,000,000. This increase above the President’s 

Budget would permit the hiring of 11 critical investigative positions. 

In FY2008 and FY2009, the authorized funding level would support 475 full-time equivalent staff, including 455 permanent Board 

staff and 20 co-operative (i.e., student) positions. This staffing level 

has been identified by the Board’s recently completed human capital forecast as being the optimal level to effectively and efficiently 

execute the NTSB’s mission. 

Subsection (b) increases the NTSB’s Emergency Fund from its 

current balance of $1,998,000, to $4,000,000. In the event of a 

major accident that imposes extraordinary costs on the NTSB, the 

Emergency Fund allows the NTSB to proceed with its investigation 

without first waiting for enactment of a supplemental appropriation. 


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In addition, subsection (b) authorizes the appropriation of such 

sums as may be necessary to maintain the Fund at a level not to 

exceed $4,000,000. 

Subsection (c) authorizes fees, refunds, and reimbursements collected by the Board to remain available until expended. This provision permits 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. 

Sec. 3.—Staff of NTSB members 

Section 3 authorizes each member of the Board, rather than the 

Chairman, to appoint employees on his or her own personal staff. 

Sec. 4.—Technical corrections 

Section 1111(g) of title 49 lists the offices that the Board is required to establish to investigate and report on accidents in the 

various modes of transportation. The section currently lists aviation, highway and motor vehicle, rail, and pipeline, but omits marine. Because it is clear from other portions of the Board’s statute 

(such as section 1131) that Congress intends for the Board to investigate marine accidents, and because the Board has long investigated marine accidents, subsection (a) adds ‘‘marine’’ to the transportation modes currently listed in section 1111(g) so that section 

1111(g) accurately reflects the modal investigative units that exist 

at the NTSB. 

Subsection (b) makes a technical amendment to section 48103 of 

title 49 to conform the amount of FY2006 contract authority listed 

in that section to the amount that is actually available after two 

rescissions that were enacted in FY2006 appropriations acts. 

Sec. 5.—Annual report 

Section 5 incorporates what is currently a separate report on the 

activities and operations of the National Transportation Safety 

Board Academy into the annual report required under section 1117 

of title 49, United States Code. 

Sec. 6.—Marine accident investigations 

Section 6 clarifies that the NTSB has jurisdiction to investigate 

major marine accidents occurring on bodies of water located entirely within the boundaries of a single state, such as Lake George, 

New York. Specifically, section 6 replaces the phrase ‘‘navigable 

waters or territorial sea of the United States’’ with the broader language, ‘‘on or under waters subject to the jurisdiction of the United 

States.’’ Also, the use of the term ‘‘vessel of the United States’’ was 

previously undefined in title 49; accordingly, section 6 adds a reference to the definition provided in section 2101(46) of title 46, 

United States Code. 

Sec. 7.—Payment for services of Inspector General 

As part of the National Transportation Safety Board Amendments Act of 2000, the Inspector General of the Department of 

Transportation (DOT IG) was authorized to review the financial 

management, property management, and business operations of 

the Board. That legislation also provided that the DOT IG would 

be reimbursed by the Board for the costs associated with carrying 


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out these activities. Effective October 1, 2006, section 7 removes 

the provision in current law that authorizes the Board to reimburse 

the DOT IG. The DOT IG would instead be funded directly for 

these activities. 

Sec. 8.—Investigation services 

Subsection (a) makes permanent the expedited contracting procedures that were authorized for the NTSB in the 2003 reauthorization act. Subsection (b) continues the disclosure and reporting requirements associated with this authority under current law. Specifically, the requirement to report annually each instance in which 

a contract for $25,000 or more was executed by the Board using the 

expedited contracting authority is made permanent, and consolidated with the annual report required under section 1117 of title 

49, United States Code. 

Sec. 9.—Rescission of unobligated balances 

Section 9 rescinds $2,002,000 in unobligated balances remaining 

from the $5 billion made available by the Air Transportation Safety 

and System Stabilization Act (P.L. 107–42). These funds were provided to compensate air carriers for costs incurred as a result of 

the Federal Government’s shutdown of the national airspace system after the terrorist attacks of September 11, 2001. These funds 

are no longer needed to settle claims against the air carrier compensation funds provided by P.L. 107–42. 

Sec. 10.—Review of Alaska runway safety area project 

Section 10 provides that, for a runway safety area project at Juneau International Airport in Alaska, the Federal Aviation Administration (FAA) may only select as the preferred alternative the 

least expensive alternative, including lifecycle costs, that otherwise 

meets FAA standards and that maintains the length of the runway 

as of the date of enactment. In addition, subsection (c) provides 

that certain environmental review requirements shall be considered to be satisfied by the selection of the least expensive safety 

area alternative. 

LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

H.R. 5076 was introduced by Chairman Don Young, Ranking 

Member James Oberstar, Aviation Subcommittee Chairman John 

Mica, and Aviation Subcommittee Ranking Member Jerry Costello 

on April 4, 2006. It was referred to the Committee on Transportation and Infrastructure. A full committee mark-up was held on 

April 5, 2006, where the legislation was ordered reported to the 

House by voice vote. 

ROLLCALL VOTES

Clause 3(b) of rule XIII of the House of Representatives requires 

each committee report to include the total number of votes cast for 

and against on each rollcall vote on a motion to report and on any 

amendment offered to the measure or matter, and the names of 

those members voting for and against. There were no rollcall votes 

during consideration of the bill. 


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COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

COST OF LEGISLATION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. With respect to the requirement of clause 3(c)(2) of rule XIII 

of the Rules of the House of Representatives, and 308(a) of the 

Congressional Budget Act of 1974, the Committee references the 

report of the Congressional Budget Office included below. 

2. With respect to the requirement of clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the performance goals 

and objective of this legislation are to improve transportation safety. 

3. With respect to the requirement of clause 3(c)(3) of rule XIII 

of the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

following cost estimate for H.R. 5076 from the Director of the Congressional Budget Office. 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, April 24, 2006. 

Hon. DON YOUNG, 

Chairman, Committee on Transportation and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5076, the National Transportation Safety Board Amendments 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. 

H.R. 5076—National Transportation Safety Board Amendments 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 2007–2009 period, 

H.R. 5076 would authorize the appropriation of $287 million for all 

NTSB activities, including its training academy. 

CBO estimates that enacting the bill would not have a significant impact on direct spending over the 2006–2016 period. H.R. 


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5076 would provide $2 million in new budget authority for the 

NTSB emergency fund, increasing total resources of the fund to $4 

million. CBO estimates that spending over the next 10 years from 

this addition to the emergency fund would not be significant. In addition, the bill would rescind $2 million of unobligated balances 

originally provided by the Air Transportation Safety and System 

Stabilization Act (Public Law 107–42). 

H.R. 5076 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would not affect the budgets of state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 5076 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: 

Budget Authority .............................................................................. 75 0 0 0 0 0 

Estimated Outlays ........................................................................... 76 8 0 0 0 0 

Proposed Changes: 

Authorization Level .......................................................................... 0 82 100 105 0 0 

Estimated Outlays ........................................................................... 0 74 98 105 10 0 

NTSB Spending Under H.R. 5076: 

Authorization Level .......................................................................... 75 82 100 105 0 0 

Estimated Outlas ............................................................................. 75 82 98 105 10 0 

Basis of estimate: For this estimate, CBO assumes that H.R. 

5076 will be enacted in fiscal year 2006 and that the authorized 

amounts will be appropriated for each year. Estimates of spending 

are based on information from NTSB and historical patterns for 

these programs. 

Spending subject to appropriation 

Over the 2007–2009 period, the bill would authorize the appro- priation of $287 million for the NTSB. H.R. 5076 would combine 

funding for both the NTSB and its training center in a single authorization of appropriations. (Current law includes a separate authorization of appropriations for the training center, also known as 

the Academy.) Assuming that the authorized funding is provided, 

CBO estimates that implementing the bill would cost $287 million 

over the 2007–2010 period. 

Direct spending 

CBO estimates that enacting the bill would not have a significant impact on direct spending over the 2006–2016 period. The bill would provide $2 million of new budget authority to the NTSB 

emergency fund. In addition, H.R. 5076 would rescind $2 million in 

budget authority from a compensation program for air carriers. 

Thus, there would be no net impact on the budget from those actions. 

Emergency Fund. H.R. 5076 would provide $2 million in new 

budget authority for the NTSB emergency fund. The emergency 

fund provides additional resources when there is more work in a 

year than there is funding. According to NTSB, the Board does not 

use the fund on a regular basis. CBO estimates that, over the last 


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10 years, outlays from the fund averaged less than $200,000 per 

year. Consequently, CBO estimates that spending of this new budget authority over the next 10 years would not be significant in any 

year. 

Compensation for Air Carriers. The bill would rescind $2 million 

of unobligated funds provided by the Air Transportation Safety and 

System Stabilization Act (Public Law 107–42). That budget authority was a part of an economic relief package for aircarriers impacted by the terrorist attacks of September 11, 2001. CBO does 

not expect that there will be any future spending from those unobligated funds. Thus, this rescission would not affect direct spending 

over the 2006–2016 period. 

Intergovernmental and private-sector impact: H.R. 5076 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would not affect the budgets of state, local, or tribal 

governments. 

Estimate prepared by: Federal Cost: 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. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, committee reports on a bill or joint resolution 

of a public character shall include a statement citing the specific 

powers granted to the Congress in the Constitution to enact the 

measure. The Committee on Transportation and Infrastructure 

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(Public Law 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local or tribal law. The Committee states 

that H.R. 5076 does not preempt any state, local, or tribal law. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act are created by this legislation. 

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 


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accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, 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 matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

TITLE 49, UNITED STATES CODE 

* * * * * * * 

SUBTITLE II—OTHER GOVERNMENT AGENCIES 

* * * * * * * 

CHAPTER 11—NATIONAL TRANSPORTATION SAFETY 

BOARD 

* * * * * * * 

SUBCHAPTER II—ORGANIZATION AND ADMINISTRATIVE 

§ 1111. General organization 

(a) * * * 

* * * * * * * 

(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, except that each member of the Board shall appoint employees on the member’s personal staff; 

* * * * * * * 

(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) * * * 

* * * * * * * 

(5) marine. 

* * * * * * * 

§ 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) * * * 

(2) a survey and summary of the recommendations made by 

the Board to reduce the likelihood of recurrence of those acciVerDate Aug 31 2005 00:23 Jun 22, 2006 Jkt 049006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6601 E:\HR\OC\HR512.XXX HR512

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dents together with the observed response to each recommendation; øand¿ 

(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 Stateø.¿; 

and 

(4) a description of the activities and operations of the National Transportation Safety Board Academy. 

§ 1118. Authorization of appropriations 

ø(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. Such sums shall remain available until expended. 

ø(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.¿ 

(a) IN GENERAL.—There is authorized to be appropriated for the 

purposes of this chapter $81,594,000 for fiscal year 2007, 

$99,974,000 for fiscal year 2008, and $104,844,000 for fiscal year 

2009. Such sums shall remain available until expended. 

(b) EMERGENCY FUND.—

(1) IN GENERAL.—The Board has an emergency fund available for necessary expenses of the Board, not otherwise provided 

for, for accident investigations. 

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated such sums as may be necessary to maintain 

the fund at a level not to exceed $4,000,000. 

(3) AVAILABILITY OF AMOUNTS.—Amounts in the fund shall be 

available without further appropriations action and shall remain available until expended. 

(c) øACADEMY¿ FEES, REFUNDS, AND REIMBURSEMENTS.—

ø(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. 

ø(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 collect such fees, refunds, 

and reimbursements, as the Board determines appropriate for 

services provided by or through the Board. 

ø(3)¿ (2) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS.—

Notwithstanding section 3302 of title 31, any fee, refund, or reimbursement collected under this subsection—


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14 

(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. 

ø(4)¿ (3) REFUNDS.—The Board may refund any fee paid by 

mistake or any amount paid in excess of that required. 

ø(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 

§ 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) * * * 

* * * * * * * 

(E) a major marine casualty (except a casualty involving only 

public vessels) occurring øon the navigable waters or territorial 

sea of the United States,¿ on or under waters subject to the jurisdiction of the United States, or involving a vessel of the 

United States (as defined in section 2101(46) of title 46), under 

regulations prescribed jointly by the Board and the head of the 

department in which the Coast Guard is operating; and 

* * * * * * * 

§ 1137. Authority of the Inspector General 

(a) * * * 

* * * * * * * 

ø(d) REIMBURSEMENT.—The Inspector General shall be reimbursed by the Board for the costs associated with carrying out activities under this section.¿ 

* * * * * * * 

PART C—FINANCING 

CHAPTER 481—AIRPORT AND AIRWAY TRUST FUND 

AUTHORIZATIONS 

* * * * * * * 


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15 

§ 48103. Airport planning and development and noise compatibility planning and programs 

The total amounts which shall be available after September 30, 

2003, to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal 

Revenue Code of 1986 (26 U.S.C. 9502) to make grants for airport 

planning and airport development under section 47104 of this title, 

airport noise compatibility planning under section 47505(a)(2) of 

this title, and carrying out noise compatibility programs under section 47504(c) of this title shall be—

(1) * * * 

* * * * * * * 

(3) ø$3,600,000,000¿ $3,514,500,000 for fiscal year 2006; and 

* * * * * * * 

§ 48104. Operations and maintenance 

(a) AUTHORIZATION OF APPROPRIATIONS.—øthe¿ The balance of 

the money available in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 

U.S.C. 9502) may be appropriated to the Secretary of Transportation out of the Fund for—

(1) direct costs the Secretary incurs to flight check, operate, 

and maintain air navigation facilities referred to in section 

44502(a)(1)(A) of this title safely and efficiently; and 

(2) the costs of services provided under international agreements related to the joint financing of air navigation services 

assessed against the United States Government. 

* * * * * * * 

SECTION 4 OF THE NATIONAL TRANSPORTATION 

SAFETY BOARD REAUTHORIZATION ACT OF 2003 

SEC. 4. RELIEF FROM CONTRACTING REQUIREMENTS FOR INVESTIGATIONS SERVICES. 

(a) IN GENERAL.—øFrom the date of enactment of this Act 

through September 30, 2006, the¿ The National Transportation 

Safety Board may enter into agreements or contracts under the authority of section 1113(b)(1)(B) of title 49, United States Code, for 

investigations conducted under section 1131 of that title without 

regard to any other provision of law requiring competition if necessary to expedite the investigation. 

(b) REPORT ON USAGE.—øOn February 1, 2006,¿ On July 1 of 

each year, as part of the annual report required by section 1117 of 

title 49, United States Code, the National Transportation Safety 

Board shall transmit a report to the House of Representatives 

Committee on Transportation and Infrastructure, the House of 


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16 

Representatives Committee on Government Reform, the Senate 

Committee on Commerce, Science, and Transportation, and the 

Senate Committee on Governmental Affairs that— (1) * * * 

* * * * * * * 

Æ 


jcorcoran on PROD1PC62 with REPORTS