National Transportation Safety Board Reauthorization Act of 2006
PL 109-443 (H.R.5076), enacted 12/21/2006

120 STAT. 3297
PUBLIC LAW 109–443—DEC. 21, 2006
Public Law 109–443
109th Congress
An Act
To amend title 49, United States Code, to authorize appropriations for fiscal years
2007 and 2008, and for other purposes.
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 Improve-
ments, 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 Ar-
tery 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 semi-
colon;
(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.—
49 USC 1111
note.
49 USC 1101
note.
National
Transportation
Safety Board
Reauthorization
Act of 2006.
Dec. 21, 2006
[H.R. 5076]
VerDate 14-DEC-2004
12:05 Jul 13, 2007
Jkt 059194
PO 00003
Frm 00100
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL003.109
APPS06
PsN: PUBL003
120 STAT. 3298
PUBLIC LAW 109–443—DEC. 21, 2006
(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 meas-
ures, including subleasing the facility to another entity;
and
(ii) include in the plan a detailed financial state-
ment that covers current Academy expenses and reve-
nues 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 enact-
ment 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 Com-
mittee 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 com-
ments 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 Infra-
structure 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
VerDate 14-DEC-2004
12:05 Jul 13, 2007
Jkt 059194
PO 00003
Frm 00101
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL003.109
APPS06
PsN: PUBL003
120 STAT. 3299
PUBLIC LAW 109–443—DEC. 21, 2006
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 Comp-
troller General shall evaluate and audit Board programs, oper-
ations, and activities, including—
‘‘(1) information management and security, including pri-
vacy 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 Infrastruc-
ture of the House of Representatives.’’.
VerDate 14-DEC-2004
12:05 Jul 13, 2007
Jkt 059194
PO 00003
Frm 00102
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL003.109
APPS06
PsN: PUBL003
120 STAT. 3300
PUBLIC LAW 109–443—DEC. 21, 2006
(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 TRANSPOR-
TATION 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 Transpor-
tation 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 appro-
priate for services provided by or through the Board.
‘‘(2) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS.—Not-
withstanding 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 reimburse-
ment 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.
49 USC 1118
note.
Deadline.
Reports.
49 USC 1111
note.
VerDate 14-DEC-2004
12:05 Jul 13, 2007
Jkt 059194
PO 00003
Frm 00103
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL003.109
APPS06
PsN: PUBL003
120 STAT. 3301
PUBLIC LAW 109–443—DEC. 21, 2006
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
VerDate 14-DEC-2004
12:05 Jul 13, 2007
Jkt 059194
PO 00003
Frm 00104
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL003.109
APPS06
PsN: PUBL003
120 STAT. 3302
PUBLIC LAW 109–443—DEC. 21, 2006
miles from the nearest Board regional office to provide initial inves-
tigative 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 environ-
mental 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 main-
tains 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 inde-
pendent oversight of the activities performed by the Federal High-
way Administration, the Massachusetts Executive Office of
Transportation, and the Massachusetts Department of Transpor-
tation 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 ACTIVI-
TIES.—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
Massachusetts.
Alaska.
VerDate 14-DEC-2004
12:05 Jul 13, 2007
Jkt 059194
PO 00003
Frm 00105
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL003.109
APPS06
PsN: PUBL003
120 STAT. 3303
PUBLIC LAW 109–443—DEC. 21, 2006
LEGISLATIVE HISTORY—H.R. 5076 (S. 3679):
HOUSE REPORTS: No. 109–512 (Comm. on Transportation and Infrastructure).
SENATE REPORTS: No. 109–335 accompanying S. 3679 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Dec. 6, considered and passed House.
Dec. 7, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Dec. 21, Presidential statement.
and critical nature in carrying out this section, the Inspector Gen-
eral shall promptly notify Congress.
Approved December 21, 2006.
VerDate 14-DEC-2004
12:05 Jul 13, 2007
Jkt 059194
PO 00003
Frm 00106
Fmt 6580
Sfmt 6580
E:\PUBLAW\PUBL003.109
APPS06
PsN: PUBL003