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[House Report 109-512]
[From the U.S. Government Publishing Office]

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 
Administration (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 ``go-team'' that varies in size depending on the severity of 
the accident 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.

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]
----------------------------------------------------------------------------------------------------------------
                                                                       FY2007
                                                           FY2006   President's    FY2007     FY2008     FY2009
                                                          enacted      budget      auth.      auth.      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.
    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 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.
    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 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.

                      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. 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 
appropriation 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 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 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

Sec. 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.

           *       *       *       *       *       *       *

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

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. 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.]
  (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) [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 collect such fees, 
        refunds, and reimbursements, as the Board determines 
        appropriate for services provided by or through the 
        Board.
          [(3)] (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.
          [(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) * * *

           *       *       *       *       *       *       *

          (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 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

           *       *       *       *       *       *       *

Sec. 1137. Authority of the Inspector General

  (a) * * *

           *       *       *       *       *       *       *

  [(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

           *       *       *       *       *       *       *

Sec. 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) [$3,600,000,000] $3,514,500,000 for fiscal year 
        2006; and

           *       *       *       *       *       *       *

Sec. 48104. Operations and maintenance

  (a) Authorization of Appropriations.--[the] 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.--[From 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.--[On 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

Representatives Committee on Government Reform, the Senate 
Committee on Commerce, Science, and Transportation, and the 
Senate Committee on Governmental Affairs that--
          (1) * * *

           *       *       *       *       *       *       *

                                  
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