H. R. 5076

One Hundred Ninth Congress

of the

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and six 

An Act 

To amend title 49, United States Code, to authorize appropriations for fiscal years 

2007 and 2008, and for other purposes.

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This 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 PLAN.—
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(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 
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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: 

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

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.