109th CONGRESS
2d Session
S. 3679
IN THE HOUSE OF REPRESENTATIVES
September 25, 2006
Referred to the Committee on Transportation and Infrastructure
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. 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.
(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.'.
(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:
(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:
EMILY J. REYNOLDS,
Secretary.
END
