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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3679 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                S. 3679

_______________________________________________________________________

                                 AN ACT

 
  To authorize appropriations for the National Transportation Safety 
                     Board, 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. Contracting requirements for investigation services.
Sec. 4. Technical corrections.
Sec. 5. AMTRAK plan to assist families of passengers involved in rail 
                            passenger accidents.
Sec. 6. Inspector General of the National Transportation Safety Board.
Sec. 7. Audit procedures.
Sec. 8. DOT Inspector General to investigate Central Artery project 
                            contractors and oversight agencies.
Sec. 9. Implementation of NTSB's ``Most Wanted Transportation Safety 
                            Improvements, 2006''.
Sec. 10. Authorization of appropriations.

SEC. 2. REPORTS.

    (a) Annual Reports.--
            (1) In general.--Section 1117 of title 49, United States 
        Code, is amended--
                    (A) by striking ``and'' after the semicolon in 
                paragraph (2);
                    (B) by striking ``State.'' in paragraph (3) 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 
        of this title 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.--
                    (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 the self-
                        sufficient operation of the National 
                        Transportation Safety Board Academy and utilize 
                        fully 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 
                        Senate Committee on Commerce, Science, and 
                        Transportation and the House of Representatives 
                        Committee on Transportation and Infrastructure.
                    (B) Plan development considerations.--The Board 
                shall--
                            (i) give consideration in developing the 
                        plan to subleasing the facility to another 
                        entity or other revenue-generating measures; 
                        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 Senate 
                Committee on Commerce, Science, and Transportation and 
                the House of Representatives Committee on 
                Transportation and Infrastructure that includes--
                            (i) an updated copy of the plan;
                            (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 shall be fully 
                implemented within 2 years after the date of enactment 
                of this Act.
    (b) DOT Report on Compliance With Recommendations.--Within 90 days 
after the Secretary of Transportation submits a report under section 
1135(d) of title 49, United States Code, the National Transportation 
Safety Board shall review the Secretary's report and transmit comments 
on the report to the Secretary, the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Transportation and Infrastructure.
    (c) Transportation Safety Reauthorization Recommendations.--The 
Board shall, as appropriate, provide recommendations and comments to 
the Congress pertaining to pending transportation safety legislation.

SEC. 3. CONTRACTING REQUIREMENTS FOR INVESTIGATION SERVICES.

    (a) In General.--Section 1113(b) of title 49, United States Code, 
is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (1)(H);
            (2) by redesignating subparagraph (I) as subparagraph (J) 
        in paragraph (1);
            (3) by inserting after subparagraph (H) of paragraph (1) 
        the following:
    ``(I) for an investigation under section 1131, enter into 
agreements or contracts without regard to any other provision of law 
requiring competition, if necessary to expedite the investigation; 
and''; and
            (4) by striking ``(1)(I)'' each place it appears in 
        paragraph (2) and inserting ``(1)(J)''.
    (b) Report on Usage.--Section 1117 of title 49, United States Code, 
as amended by section 2, is further amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (5);
            (2) by striking ``investigation.'' in paragraph (6) and 
        inserting ``investigation; and''; and
            (3) by adding at the end the following:
            ``(7) a description of each contract executed during the 
        preceding calendar year under the authority of section 
        1113(b)(1)(I), and the rationale for dispensing with 
        competition requirements with respect to each such contract.''.

SEC. 4. 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 title 
49, United States Code, is amended--
            (1) by striking ``on the navigable waters or territorial 
        sea of the United States,'' and inserting ``on the navigable 
        waters, all internal waters, and the territorial sea of the 
        United States,''; and
            (2) by inserting ``(as defined in section 2101(46))'' after 
        ``vessel of the United States''.
    (c) Reference to Departmental Authority.--Section 1131(c)(1) of 
title 49, United States Code, is amended by inserting ``or the 
Secretary of the department in which the Coast Guard is operating'' 
after ``Transportation''.
    (d) Appointment of Managing Director.--Section 1111 of title 49, 
United States Code, 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 fulltime 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, and inserting 
        after paragraph (1) the following:
            ``(2) fix the pay of officers and employees necessary to 
        carry out this chapter;'';
            (3) by redesignating subsection (i) as subsection (k); and
            (4) by inserting after subsection (h) the following:
    ``(i) Managing Director.--The Board shall have a Managing Director 
who shall be--
            ``(1) appointed by the Chairman, in consultation with the 
        Board; and
            ``(2) approved by the Board, pursuant to a procedure 
        developed and adopted by the Board.
    ``(j) Board Member Staff.--Each member of the Board shall appoint 
and supervise regular and fulltime 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. The appointment authority provided 
by this subsection is limited to the number of fulltime equivalent 
positions, in addition to 1 senior professional staff at the GS-15 
level and 1 administrative staff, allocated each member through the 
Board's annual budget and allocation process.''.
    (e) Board Approval.--Section 1113(c) of title 49, United States 
Code, is amended by inserting ``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 the Congress under this subsection.'' after ``Congress.''.
    (f) Investigation Tracking System.--Within 6 months after the date 
of enactment of this Act, the National Transportation Safety Board 
shall develop and implement a process or system available to all Board 
members that tracks the status and activities associated with all 
ongoing and pending investigations undertaken by the Board, including 
the expected completion date, staff assignments, and such other 
information as the Board may require for the investigations.
    (g) Investigative Officers.--Section 1113 of title 49, United 
States Code, is amended by adding at the end thereof the following:
    ``(h) Investigative Officers.--The Board shall maintain at least 1 
fulltime employee in each State located more than 1,000 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 those States.''.

SEC. 5. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN RAIL 
              PASSENGER ACCIDENTS.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 24316. Plans to address needs of families of passengers involved 
              in rail passenger accidents
    ``(a) Submission of Plan.--Not later than 6 months after the date 
of the enactment of the National Transportation Safety Board 
Reauthorization Act of 2006, Amtrak shall submit to the Chairman of the 
National Transportation Safety Board, the Secretary of Transportation, 
and the Secretary of Homeland Security a plan for addressing the needs 
of the families of passengers involved in any rail passenger accident 
involving an Amtrak intercity train and resulting in a loss of life.
    ``(b) Contents of Plans.--The plan to be submitted by Amtrak under 
subsection (a) shall include, at a minimum, the following:
            ``(1) A process by which Amtrak will maintain and provide 
        to the National Transportation Safety Board and the Secretary 
        of Transportation, immediately upon request, a list (which is 
        based on the best available information at the time of the 
        request) of the names of the passengers aboard the train 
        (whether or not such names have been verified), and will 
        periodically update the list. The plan shall include a 
        procedure, with respect to unreserved trains and passengers not 
        holding reservations on other trains, for Amtrak to use 
        reasonable efforts to ascertain the number and names of 
        passengers aboard a train involved in an accident.
            ``(2) A plan for creating and publicizing a reliable, toll-
        free telephone number within 4 hours after such an accident 
        occurs, and for providing staff, to handle calls from the 
        families of the passengers.
            ``(3) A process for notifying the families of the 
        passengers, before providing any public notice of the names of 
        the passengers, by suitably trained individuals.
            ``(4) A process for providing the notice described in 
        paragraph (2) to the family of a passenger as soon as Amtrak 
        has verified that the passenger was aboard the train (whether 
        or not the names of all of the passengers have been verified).
            ``(5) A process by which the family of each passenger will 
        be consulted about the disposition of all remains and personal 
        effects of the passenger within Amtrak's control; that any 
        possession of the passenger within Amtrak's control will be 
        returned to the family unless the possession is needed for the 
        accident investigation or any criminal investigation; and that 
        any unclaimed possession of a passenger within Amtrak's control 
        will be retained by the rail passenger carrier for at least 18 
        months.
            ``(6) A process by which the treatment of the families of 
        nonrevenue passengers will be the same as the treatment of the 
        families of revenue passengers.
            ``(7) An assurance that Amtrak will provide adequate 
        training to its employees and agents to meet the needs of 
        survivors and family members following an accident.
    ``(c) Use of Information.--The National Transportation Safety 
Board, the Secretary of Transportation, and Amtrak may not release any 
personal information on a list obtained under subsection (b)(1) but may 
provide information on the list about a passenger to the family of the 
passenger to the extent that the Board or Amtrak considers appropriate.
    ``(d) Limitation on Liability.--Amtrak shall not be liable for 
damages in any action brought in a Federal or State court arising out 
of the performance of Amtrak in preparing or providing a passenger 
list, or in providing information concerning a train reservation, 
pursuant to a plan submitted by Amtrak under subsection (b), unless 
such liability was caused by Amtrak's conduct.
    ``(e) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that Amtrak may take, 
or the obligations that Amtrak may have, in providing assistance to the 
families of passengers involved in a rail passenger accident.
    ``(f) Funding.--There shall be made available to the Secretary of 
Transportation for the use of Amtrak $500,000 for fiscal year 2007 to 
carry out this section. Amounts made available pursuant to this 
subsection shall remain available until expended.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 243 of 
title 49, United States Code, is amended by adding at the end the 
following:

``24316.  Plan to assist families of passengers involved in rail 
                            passenger accidents.''.

SEC. 6. INSPECTOR GENERAL OF THE NATIONAL TRANSPORTATION SAFETY BOARD.

    (a) In General.--Section 1137 of title 49, United States Code, is 
amended to read as follows:
``Sec. 1137. Designation of the Department of Transportation Inspector 
              General as Inspector General of the National 
              Transportation Safety Board
    ``(a) Establishment of Inspector General of the National 
Transportation Safety Board.--In order to promote economy, efficiency, 
and effectiveness in the administration of, and to prevent and detect 
fraud and abuse in the programs, operations, and activities of the 
National Transportation Safety Board, the Inspector General of the 
Department of Transportation shall serve as the Inspector General of 
the National Transportation Safety Board.
    ``(b) Authority of the Inspector General.--
            ``(1) The Inspector General shall exercise such authority 
        as provided by the Inspector General Act of 1978, and other 
        applicable laws, over Board programs, operations and activities 
        not directly associated with specific accident investigations 
        or adjudications, including--
                    ``(A) financial management, property management, 
                and business operations, including internal accounting 
                and administrative control systems;
                    ``(B) information management and security, 
                including privacy protection of personally identifiable 
                information;
                    ``(C) resource management;
                    ``(D) workforce development;
                    ``(E) procurement and contracting planning, 
                practices and policies;
                    ``(F) malfeasance in office by Board employees and 
                contractors; and
                    ``(G) allegations of false statements, fraud, and 
                other criminal activity within the jurisdiction of the 
                Board.
            ``(2) In consultation with the Senate Committee on 
        Commerce, Science, and Transportation or the House Committee on 
        Transportation and Infrastructure Committee, the Inspector 
        General may conduct an audit, investigation, or other review on 
        matters not described in subparagraphs (A) through (G) of 
        paragraph (1).
    ``(c) Duties.--In carrying out this section, the Inspector General 
shall--
            ``(1) report directly to the Chairman of the Committee and 
        ensure that the Chairman is kept fully and currently informed 
        concerning fraud and other serious problems, abuses, and 
        deficiencies relating to the administration of programs, 
        operations, and activities of the Board;
            ``(2) recommend to the Chairman corrective action 
        concerning such problems, abuses, and deficiencies;
            ``(3) report to the Chairman on the progress made in 
        implementing such corrective action; and
            ``(4) promptly notify the Chairman on any problems related 
        to access for information or carrying out an audit or 
        investigation.
    ``(d) Information Provided to Board Members.--The Inspector General 
and Chairman shall ensure that all members of the Board are informed of 
major work in progress through regular and periodic briefings and, as 
appropriate, on a timelier basis for matters of a significant nature.
    ``(e) Authorization for Appropriations.--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 as the Inspector General of the Board. In the 
absence of an appropriation, the Inspector General and the Board shall 
have a reimbursable agreement to cover such expenses.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 11 of 
title 49, United States Code, is amended by striking the item relating 
to section 1137 and inserting the following:

``1137. Designation of the Department of Transportation Inspector 
                            General as Inspector General of the 
                            National Transportation Safety Board''.

SEC. 7. AUDIT PROCEDURES.

    The National Transportation Safety Board, in consultation with the 
Inspector General, shall continue to develop and implement 
comprehensive internal audit controls for its operations. The audit 
controls shall, at a minimum, address Board asset management systems, 
including systems for accounting management, debt collection, travel, 
and property and inventory management and control.

SEC. 8. DOT INSPECTOR GENERAL TO INVESTIGATE CENTRAL ARTERY PROJECT 
              CONTRACTORS AND OVERSIGHT AGENCIES.

    (a) In General.--The Inspector General of the Department of 
Transportation shall investigate the contractors involved in the 
development and construction of the Central Artery tunnel project in 
Boston, Massachusetts, and the public agencies that oversaw their work, 
including the Massachusetts Turnpike Authority and the Federal Highway 
Administration.
    (b) Priorities and Procedure.--In carrying out the mandate provided 
by subsection (a), the Inspector General shall--
            (1) oversee any investigations related to the collapse of 
        ceiling plates in the tunnel on July 10, 2006;
            (2) oversee a comprehensive review of the safety of the 
        Central Artery project; and
            (3) audit and investigate parties involved in the 
        construction, maintenance, and oversight of the Central Artery 
        project, including the Massachusetts Turnpike Authority and the 
        Federal Highway Administration, in order to determine whether 
        the collapse of ceiling plates in the tunnel on July 10, 2006, 
        resulted from whether poor planning, development, construction, 
        or other factors.

SEC. 9. 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 Senate Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Transportation and 
Infrastructure explaining why the Federal Aviation Administration has 
not implemented the aviation recommendations in the NTSB's ``Most 
Wanted Transportation Safety Improvements, 2006''.

SEC. 10. 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, $79,594,000 
        for fiscal year 2007, and $84,382,432 for fiscal year 2008.''.
    (b) Emergency Fund.--Section 1118(b) of title 49, United States 
Code, is amended to read as follows:
    ``(b) Emergency Fund.--There are authorized to be appropriated for 
necessary expenses of the Board, not otherwise provided for, for 
accident investigations amounts sufficient to maintain the emergency 
fund at a level not to exceed $4,000,000, such sums to remain available 
until expended.''.
    (c) Fees, Refunds, and Reimbursements.--
            (1) In general.--Section 1118(c) of title 49, United States 
        Code, is amended--
                    (A) by striking ``Academy.--'' and inserting 
                ``Fees, Refunds, and Reimbursements.--'';
                    (B) by striking paragraph (1) and redesignating 
                paragraphs (2), (3), and (4) as paragraphs (1), (2), 
                and (3), respectively, and resetting each such 
                paragraph 2 ems from the left margin;
                    (C) by striking paragraph (1), as redesignated, and 
                inserting the following:
            ``(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.'';
                    (D) by striking ``fee'' the first place it appears 
                in paragraph (2), as redesignated, and inserting ``fee, 
                refund, or reimbursement''; and
                    (E) by striking ``imposed;'' in subparagraphs (A) 
                and (B) of paragraph (2), as redesignated, and 
                inserting ``imposed or with which the refund or 
                reimbursement is associated;''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on October 1, 2005.
    (d) Report.--Section 1118(d) of title 49, United States Code, is 
repealed.

            Passed the Senate September 25, 2006.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                                S. 3679

_______________________________________________________________________

                                 AN ACT

  To authorize appropriations for the National Transportation Safety 
                     Board, and for other purposes.
```