[Senate Report 109-335]
[From the U.S. Government Publishing Office]
109th Congress Report
SENATE
2nd Session 109-335
_______________________________________________________________________
Calendar No. 613
NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF 2006
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 3679
DATE deg.September 15, 2006.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred ninth congress
second session
TED STEVENS, Alaska, Chairman
DANIEL K. INOUYE, Hawaii, Co-Chairman
JOHN McCAIN, Arizona JOHN D. ROCKEFELLER IV, West
CONRAD BURNS, Montana Virginia
TRENT LOTT, Mississippi JOHN F. KERRY, Massachusetts
KAY BAILEY HUTCHISON, Texas BYRON L. DORGAN, North Dakota
OLYMPIA J. SNOWE, Maine BARBARA BOXER, California
GORDON H. SMITH, Oregon BILL NELSON, Florida
JOHN ENSIGN, Nevada MARIA CANTWELL, Washington
GEORGE ALLEN, Virginia FRANK LAUTENBERG, New Jersey
JOHN E. SUNUNU, New Hampshire E. BENJAMIN NELSON, Nebraska
JIM DeMINT, South Carolina MARK PRYOR, Arkansas
DAVID VITTER, Louisiana
Lisa Sutherland, Staff Director
Christine Kurth, Deputy Staff Director
Kenneth Nahigian, Chief Counsel
Margaret Cummisky, Democratic Staff Director and Chief Counsel
Samuel Whitehorn, Democratic Deputy Staff Director and General Counsel
Calendar No. 613
109th Congress Report
SENATE
2nd Session 109-335
======================================================================
NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF 2006
_______
September 15, 2006.--Ordered to be printed
_______
Mr. Stevens, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 3679]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill joint resolution deg. (S.
3679) TITLE deg. to authorize appropriations for the
National Transportation Safety Board, and for other purposes,
having considered the same, reports favorably thereon
without amendment deg. with amendments with
an amendment (in the nature of a substitute) deg. and
recommends that the bill joint resolution deg. (as
amended) do pass.
Purpose of the Bill
The purpose of this bill, S. 3679, the National
Transportation Safety Board Reauthorization Act of 2006, as
reported, is to authorize appropriations for the NTSB for
fiscal years (FY) 2007 and 2008, and for other purposes.
Background and Needs
The NTSB was established in 1967 within the Department of
Transportation (DOT). It became an independent agency in 1974.
The NTSB is charged with determining the probable cause of
transportation accidents and promoting transportation safety.
The NTSB investigates accidents, conducts safety studies, and
evaluates the effectiveness of other government agencies'
programs for preventing transportation accidents. Most
significantly, 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. In addition, the
NTSB coordinates all Federal assistance to families of victims
of catastrophic aviation accidents. When resources allow, the
NTSB provides family assistance for accidents in other
transportation modes as well.
The Board also serves as the ``court of appeal'' for airmen,
mechanics, or mariners whenever the Federal Aviation
Administration (FAA) or the U.S. Coast Guard (USCG) takes an
adverse certificate action against them. In the Aviation
Investment and Reform Act for the 21st Century (AIR 21),
Congress expanded the Board's jurisdiction to include review of
FAA emergency revocations of pilot licenses. These emergency
revocations take effect immediately, and prior to AIR 21, the
pilot's only recourse was to take the FAA to court.
Since 1967, the NTSB has investigated more than 124,000
aviation accidents, and at least 10,000 accidents in other
transportation modes, including rail, pipeline, maritime, and
highways. The NTSB 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.
The NTSB has no authority to issue substantive regulations
covering the transportation industry. Its effectiveness as an
advocate for transportation safety is dependent upon timely
accident reports and safety recommendations. According to the
NTSB, since its inception in 1967, the Board has issued more
than 12,000 safety recommendations in all modes of
transportation. More than 82 percent of these recommendations
have been adopted by the regulatory and transportation
communities. One of the approaches that the NTSB uses to
highlight its most important safety recommendations is the Most
Wanted Transportation Safety Improvements List (Most Wanted
List).
NTSB STRUCTURE
The NTSB is headed by a five-member board nominated by the
President and confirmed by the Senate. No more than three
members may be of the same political party. Each board member's
term is five years. The President also nominates, and the
Senate confirms, one of the five members to serve as chairman
and another member to serve as vice chairman. Each position has
a term of two years. The current members include the following:
Mark V. Rosenker (R), Chairman; Term as
board member expires 12/31/10
Robert L. Sumwalt, III (R), Vice Chairman;
Term as board member expires 12/31/11
Deborah A. P. Hersman (D), Member; Term as
board member expires 12/31/08
Kathryn O'Leary Higgins (D), Member; Term as
board member expires 12/31/09
NTSB OPERATIONS
Each year, the NTSB investigates more than 2,000 accidents
and events, including all fatal aviation accidents, and
hundreds of railroad, highway, maritime, and pipeline
transportation accidents. By statute, the Board must
investigate and establish the facts, circumstances, and cause
or probable cause for--
(1) aircraft accidents, other than an aircraft
operated by the Armed Forces or by an intelligence
agency of the United States;
(2) highway accidents, including railroad grade
crossing accidents, the Board selects in cooperation
with a State;
(3) railroad accidents in which there is a fatality
or substantial property damage, or that involves a
passenger train;
(4) pipeline accidents in which there is a fatality,
substantial property damage, or significant injury to
the environment;
(5) a major marine casualty occurring on the
navigable waters or territorial sea of the United
States, or involving a vessel of the United States; and
(6) any other accident related to the transportation
of individuals or property when the Board decides--
(A) the accident is catastrophic;
(B) the accident involves problems of a
recurring character; or
(C) the investigation of the accident would
carry out other statutory provisions.
With the current resource level, the Board is unable to
investigate all of the accidents assigned it by statute.
Historically, the Board has focused a majority of its resources
to the investigation of aviation accidents. To leverage its
limited resources, the NTSB 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
greatly expands the technical resources available to the Board,
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 FAA is a party
to each aviation investigation. Only those entities that can
provide expertise required for the investigation are granted
party status, and only those persons who can provide the NTSB
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 NTSB investigators who are experts in
appropriate technical specialties, based on the mode of
transportation and the nature of the accident. Each NTSB expert
manages an investigative group made up of other experts from
industry and government organizations that are parties to the
investigation in the collection of the facts surrounding the
accident. Eventually, each NTSB expert prepares a factual
report that is verified for accuracy by each of the party
representatives in the group. The factual reports are placed in
the public docket, and after the completion of a formal
technical review by the 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 NTSB.
The NTSB is statutorily required to make a cause
determination on all aviation accidents. Although the NTSB
investigates all fatal aviation accidents, it may request the
FAA to investigate non-fatal aviation accidents. States or
other agencies often investigate accidents in other modes of
transportation.
NTSB ACADEMY
In 2000, the NTSB began developing its plans for an NTSB
Academy that would provide training in transportation safety
and accident investigation techniques to NTSB investigators and
the transportation community at large. The NTSB selected the
George Washington University's Northern Virginia campus in
Ashburn, Virginia as the new home of the NTSB Academy, signing
a 20-year lease in July, 2001 and officially opening the
facility in September 2003. The Academy 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.
The Academy was originally designed to be a self-sufficient,
if not profitable, training entity enabling the NTSB to train
its own investigators and the transportation community in
accident investigation techniques. In addition to refining and
making the NTSB's current accident investigation course more
accessible, the NTSB intended to provide courses in all
transportation modes in areas such as human factors, survival
factors, vehicle performance, interviewing techniques, accident
scene documentation, and investigation management.
However, the Academy has been plagued with controversy since
its inception. Preliminary results of an ongoing Government
Accountability Office (GAO) review of the Academy indicated
that the NTSB Academy is grossly underutilized, offering
minimal value to the Board or other Federal entities, and
operates at a significant deficit, draining important resources
needed for accident investigation and other purposes away from
the Board. According to the GAO, in FYs 2004 and 2005, the
Academy lost roughly $3.7 million and $1.4 million
respectively. The GAO has found that the NTSB has done little
in past years to maximize the use of the Academy to help cover
costs and generate additional revenue. In addition, the
majority of instruction hours in 2005 at the facility were
provided by NTSB investigators, which meant that the
investigative staff was being diverted from investigative
duties, their primary mission, to work at the Academy.
Concerns about these issues have prompted NTSB management to
recently 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, monitor the Academy Plan,
oversee marketing strategy, and 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.
Summary of Provisions
The NTSB Reauthorization Act of 2006 includes authorizations
for appropriations for FY 2007 and FY 2008, as well as
statutory changes. The table below shows the NTSB's FY 2006
appropriation level, the FY 2007 President's request level, and
the authorization levels provided in this bill.
(dollars in millions)
------------------------------------------------------------------------
2007
Salaries & Expenses 2006 Pres. 2007 2008
Enacted* Bud. Auth. Auth.
------------------------------------------------------------------------
Funding $76.700 $79.594 $79.594 $84.382
------------------------------------------------------------------------
Fulltime Equivalents 396 399 399 399
------------------------------------------------------------------------
Yr.-to-Yr. Funds Increase 3.8% 3.8% 6.0%
------------------------------------------------------------------------
------------------------------------------------------------------------
* The 2006 figure is the appropriated level, not the authorization
level, which was $87.539 million.
The FY 2007 President's budget requests $79.6 million for the
NTSB, $2.864 million above the FY 2006 enacted level. The
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 accounts.
No new program initiatives are funded in the President's
request level. The FY 2007 and FY 2008 authorization levels are
based on 399 fulltime equivalents and provide for inflation,
pay raises, within grade increases and career ladder
promotions, restoring training costs reduced to meet the 2007
request level, and a plan for financial/procurement system
replacement.
RELIEF FROM CERTAIN CONTRACTING REQUIREMENTS FOR INVESTIGATION SERVICES
The Board's last reauthorization legislation, the NTSB
Reauthorization Act of 2003 (P.L. 108-168), provides the
authority for the NTSB to enter into agreements or contracts
without competition when necessary to expedite an
investigation. This authority sunsets on September 30, 2006.
The bill would remove the sunset provision, making the special
contracting authority permanent.
NTSB ACADEMY
The Committee believes it is critical that the agency use its
resources in an efficient manner to carry out its safety
mission and maintain its reputation as a preeminent agency in
conducting transportation accident investigations. For this
reason, the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure requested the GAO to conduct
a general management review study of the NTSB. The study
addressed the extent to which the NTSB (1) follows leading
practices in selected management areas, (2) addresses
challenges in completing accident investigations and closing
safety recommendations, and (3) generates sufficient revenues
to cover costs at its Academy.
Preliminary results of the GAO study indicate the NTSB
Academy is under utilized. Based on these results, the NTSB
Reauthorization Act of 2006 would authorize the Academy as a
part of the agency as a whole, rather than as a distinct,
subordinate entity. It would require the NTSB to develop a
plan, to be implemented within two years of enactment, for the
NTSB Academy to achieve self-sufficiency and fully utilize the
Academy's resources and facilities.
Finally, the bill would incorporate the content of the
Academy's annual report into the Agency's annual report to
Congress.
PAYMENT FOR SERVICES OF DOT INSPECTOR GENERAL
The NTSB Amendments Act of 2000 (P.L. 106-424) provided that
the DOT Inspector General (DOT IG) was to be reimbursed by the
Board for the costs associated with carrying out activities. S.
3679 would remove the reimbursement provision with the
understanding that the DOT IG would be funded directly for
these activities. This would allow for a more efficient
allocation and management of resources. The NTSB and the DOT IG
both concur with the change to the reimbursement provision.
DOT IG AUTHORITY
P.L. 106-424 authorized the DOT IG to review the financial
management, property management, and business operations of the
Board. Based on the results of the general management review
study conducted by the GAO, the bill expands the DOT IG's
authority over the NTSB to include Board programs, operations
and activities not directly associated with specific accident
investigations or adjudications. In consultation with the
Senate Committee on Commerce, Science, and Transportation or
the House Committee on Transportation and Infrastructure, the
DOT IG may conduct an audit, investigation, or other review of
the NTSB on matters not specifically detailed in the bill. The
Committee specifically does not want to have the DOT IG
interfering with accident investigations or the development of
Board recommendations.
AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER
ACCIDENTS
The NTSB coordinates all Federal assistance to families of
victims of catastrophic aviation accidents. When resources
allow, the NTSB provides family assistance for accidents in
other transportation modes, as well. The bill would require
Amtrak to submit to the NTSB a plan for providing the NTSB a
list of the names of passengers involved in train accidents and
notifying their families appropriately. The aviation accident
family assistant program has proved to be beneficial in the
event of an aviation accident, and the passenger railroad
family assistance program in the bill was modeled after it.
OTHER ISSUES
In response to concerns regarding the general management at
the NTSB, the bill would define the position of the Managing
Director at the NTSB. The bill would require the Managing
Director to appoint and supervise officers and employees, as
well as fix the pay of all officers and employees. The bill
would require the Managing Director to be appointed by the
Chairman and subjected to an approval process established by
the Board. Currently, the Managing Director is simply appointed
by the Chairman. The Committee believes this provision would
help ensure that the choice of the Managing Director reflects a
consensus of the Board regarding the best management leadership
for the Agency.
The bill also would permit the Board to credit
reimbursements, not just Academy fees, as offsetting
collections that would remain available until expended. This
proposed change would allow the Board to keep reimbursements it
receives for expenses that occurred in prior fiscal years.
Currently, such reimbursements are remitted to the U.S.
Treasury and may not be used by the Board to offset expenses.
The bill would require the Board to submit to Congress a list
of accidents the Board was required to investigate but did not,
as well as a list of ongoing investigations exceeding the time
allotted by Board order. This provision was included to address
concerns of the Committee that many accidents which the Board
is required to investigate, such as railroad accidents in which
there is a fatality or involves a passenger train, are not
being investigated. The Committee believes the Board should
explain to both the Congress and the public why the Board has
chosen to not investigate such accidents despite the statutory
requirement.
The bill would allow each Board member to appoint and
supervise the equivalent of two fulltime employees in his or
her immediate office. This codifies the current practice of
providing Board members with their own, independent staff, who
report directly to the individual Board members.
The bill also would set up an investigation tracking system
to be available to all Board members and further requires the
Board to establish a process for members to review and comment
on documents submitted to the President, Office of Management
and Budget, or Congress. The Committee believes these
provisions would increase the availability of Agency
information to all Board members and ensure that Board members
can accurately evaluate the status of ongoing investigations.
GENERAL COMMENTS
The Committee is concerned about the recent increase in fatal
crashes involving the Mitsubishi MU-2 aircraft. The Committee
notes that in July 2005 the FAA launched a safety evaluation of
the MU-2 aircraft. In that study the FAA identified several
safety recommendations designed to increase the aircraft's
operational safety. The Committee also notes the FAA has issued
or plans to issue several new rules and airworthiness
directives pertaining to the MU-2 aircraft in efforts to
improve the safety of its operation. The Committee supports the
common safety goal of the FAA and NTSB and encourages full
coordination and participation on all actual on-site
investigations including those involving the MU-2 aircraft. The
Committee is concerned by the recent accident trend and
encourages the FAA and NTSB to coordinate to the fullest extent
possible to detect the root cause responsible for the
accidents, which may or may not be solely caused by pilot
error.
Legislative History
On May 24, 2006, the Committee on Commerce, Science, and
Transportation's Subcommittee on Aviation held a hearing on the
reauthorization of the NTSB. The Subcommittee heard testimony
on the NTSB's reauthorization proposal as well as discussed an
ongoing general management review study of the NTSB conducted
by the GAO. On July 18, 2006, Senator Burns introduced S. 3679,
a bill to authorize appropriations for the NTSB, with Senators
Rockefeller and Lautenberg as co-sponsors. The Committee
ordered the amended bill reported favorably on July 19, 2006,
by a voice vote.
Estimated Costs
In compliance with subsection (a)(3) of paragraph 11
of rule XXVI of the Standing Rules of the Senate, the Committee
states that, in its opinion, it is necessary to dispense with
the requirements of paragraphs (1) and (2) of that subsection
in order to expedite the business of the Senate. deg.
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 25, 2006.
Hon. Ted Stevens,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3679, the National
Transportation Safety Board Reauthorization 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.
S. 3679--National Transportation Safety Board Reauthorization 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
2007-2008 period, S. 3679 would authorize the appropriation of
$164 million for NTSB activities. The bill also would authorize
the appropriation of amounts necessary for the agency to
maintain an emergency fund of $4 million at all times. Finally,
S. 3679 would authorize the appropriation of $500,000 for
Amtrak to develop a plan to assist passengers in rail accidents
and would authorize the appropriation of amounts necessary for
the Inspector General of the Department of Transportation (DOT)
to provide services to the NTSB.
Assuming appropriation of amounts authorized by the bill
and amounts necessary for DOT's Office of the Inspector
General, CBO estimates that implementing S. 3679 would cost
$170 million over the 2007-2011 period. Enacting the bill would
not affect direct spending or revenues.
S. 3679 contains an intergovernmental mandate as defined in
the Unfunded Mandates Reform Act (UMRA), but CBO estimates that
the costs to state, local, or tribal governments, if any, would
be small and would not exceed the threshold established in UMRA
($64 million in 2006, adjusted annually for inflation).
By requiring Amtrak to submit a plan addressing the needs
of the families of passengers involved in fatal accidents to
the Chairman of the National Transportation Safety Board, S.
3679 contains a private-sector mandate, as defined in UMRA. CBO
estimates that the costs to comply with that mandate would not
exceed the annual threshold established by UMRA for private-
sector mandates ($128 million in 2006, adjusted annually for
inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 3679 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: a
Budget Authority............................................ 75 0 0 0 0 0
Estimated Outlays........................................... 76 8 0 0 0 0
Proposed Changes:
Estimated Authorization Level: a............................ 0 84 85 1 1 1
Estimated Outlays........................................... 0 74 85 9 1 1
Spending Under S. 3679:
Estimated Authorization Level............................... 75 84 85 1 1 1
Estimated Outlays........................................... 76 82 85 9 1 1
----------------------------------------------------------------------------------------------------------------
a In addition to NTSB, the bill would also authorize funding for both Amtrak and the Office of Inspector General
of the Department of Transportation.
Basis of estimate: For this estimate, CBO assumes that S.
3679 will be enacted near the start of fiscal year 2007 and
that the authorized amounts will be appropriated for each year.
Estimates of spending are based on historical spending patterns
for these programs.
NTSB spending
Over the 2007-2008 period, the bill would authorize the
appropriation of $164 million for the NTSB. Assuming the
appropriation of that amount, CBO estimates that implementing
this provision would cost $164 million over the 2007-2011
period.
Emergency Fund
Current law authorizes the appropriation of amounts
necessary to maintain balances in the NTSB emergency fund of $2
million. The emergency fund provides additional resources if
the NTSB has insufficient funding to complete necessary
investigations. S. 3679 would authorize the appropriation of
amounts necessary to increase and maintain the fund at $4
million. (The emergency fund currently has a balance of about
$2 million.) CBO estimates that implementing this provision
would authorize an appropriation of $2 million in 2007. NTSB
does not use its emergency fund on a regular basis, and CBO
does not estimate any outlays from the fund over the 2006-2011
period. Consequently, we estimate that the emergency fund would
not require any additional appropriations to maintain the fund
at $4 million over the next five years.
Other Spending Subject to Appropriation
S. 3679 would authorize the appropriation of $500,000 for
AMTRAK to develop a plan to assist passengers involved in rail
accidents. Also, the bill would authorize amounts necessary for
DOT's Office of the Inspector General to serve as the Inspector
General of NTSB. Based on past reimbursable agreements between
NTSB and the Office of the Inspector General, CBO estimates
that the provision would cost $5 million over the 2007-2011
period. That amount includes additional resources for the
Inspector General to investigate the collapse of ceiling plates
in Boston's central artery tunnel project on July 10, 2006, as
authorized by the bill.
Intergovernmental and private-sector impact: S. 3679
contains an intergovernmental mandate, as defined in UMRA,
because section 6 would exempt Amtrak from certain liability in
federal or state court for damages due to its release of a
passenger list or passenger information pursuant to the plan
submitted to the NTSB. Such an exemption would preempt state
law. CRO estimates that any costs to state, local, or tribal
governments would be small and would not exceed the threshold
established in UMRA ($64 million in 2006, adjusted annually for
inflation).
By requiring Amtrak to submit a plan 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, S. 3679 contains a private-sector mandate as
defined in UMRA. CBO estimates that the costs to comply with
that mandate would not exceed the annual threshold established
by UMRA for private-sector mandates ($128 million in 2006,
adjusted annually for inflation).
Under the bill, Amtrak would have to submit the plan to the
National Transportation Safety Board, the Secretary of
Transportation, and the Secretary of Homeland Security no later
than six months after the bill's enactment that would be
invoked in case of railway accident involving loss of life. As
a part of the plan, and in the event of a fatal accident,
Amtrak would be required, among other things, to provide a
passenger list to federal authorities and a toll-free hotline
for use by families of passengers. According to industry
source, Amtrak has a contingency plan in place for responding
to the needs of families of rail accident passengers which
addresses most of the requirements contained in the bill. CBO
estimates that the incremental cost of complying with the
mandate would be nominal. The bill would authorize the
appropriation of $500,000 in fiscal year 2007 to the Secretary
of Transportation for use of Amtrak to complete the required
plan.
Previous estimates: On April 24, 2006, CBO transmitted a
cost estimate for H.R. 5076, the National Transportation Safety
Board Amendments Act of 2006, as ordered reported by the House
Committee on Transportation and Infrastructure on April 5,
2006. S. 3679 and H.R. 5076 are similar but would authorize
different amounts of money. CBO's cost estimates reflect the
different provisions in these bills.
Estimate prepared by: Federal Costs: 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.
Regulatory Impact Statement
In compliance with subsection (b)(2) of paragraph 11
of rule XXVI of the Standing Rules of the Senate, the Committee
states that, in its opinion, it is necessary to dispense with
the requirements of paragraph (1) of that subsection in order
to expedite the business of the Senate. deg.
Because S. ------ does not create any new programs,
the legislation will have no additional regulatory impact, and
will result in no additional reporting requirements. The
legislation will have no further effect on the number or types
of individuals and businesses regulated, the economic impact of
such regulation, the personal privacy of affected individuals,
or the paperwork required from such individuals and
businesses. deg.
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
This legislation would provide an authorization of
appropriations for FYs 2007 and 2008 for the NTSB to carry out
its functions. As this language is reauthorizing an existing
agency, the number of persons covered should be consistent with
current levels.
ECONOMIC IMPACT
The bill, as reported, would provide authorization levels of
$164 million for NTSB activities for FYs 2007 through 2008. The
bill also would authorize the appropriation of amounts
necessary for the agency to maintain an emergency fund of $4
million at all times. Finally, S. 3679 would authorize the
appropriation of $500,000 for Amtrak to develop a plan to
assist passengers in rail accidents and would authorize the
appropriation of amounts necessary for the DOT IG to provide
services to the NTSB. These funding levels are not expected to
have an inflationary impact on the Nation's economy.
PRIVACY
The reported bill would have little, if any, impact on the
personal privacy of U.S. citizens.
PAPERWORK
The reported bill would not increase paperwork requirements
for the private sector.
Section-by-Section Analysis
Section 1. Short title; table of contents.
This section designates the title of the bill as the
``National Transportation Safety Board Reauthorization Act of
2006''.
Section 2. Reports.
This section would require the NTSB to include additional
information related to investigations, the Academy, and
contracts in its annual report to Congress. The Board must
provide, each year, a list of accidents that the Board was
required to investigate but did not investigate, along with an
explanation of why they were not investigated. Additionally,
this section requires the Board to list ongoing investigations
that have exceeded the expected time allotted for completion by
Board order, along with an explanation for the additional time
to complete the investigation also is required each year. This
section would require the NTSB to develop a plan, within 90
days, for the Academy to achieve self-sufficiency and fully
utilize the Academy's resources and facilities. A draft of this
plan must be submitted to the GAO for review, and provided to
the Senate Committee on Commerce, Science, and Transportation
and the House Committee on Transportation and Infrastructure.
After consideration of any GAO comments, the NTSB must submit
an updated report on its plan to Congress within 180 days, and
that plan must be fully implemented within 2 years after the
enactment of the legislation.
This section also would mandate that, within 90 days of the
submission of DOT's annual report on implementation of Board
recommendations relevant to DOT, the NTSB review and comment on
the DOT report to the DOT and Congress. The Board is further
encouraged to provide recommendations and comments to the
Congress pertaining to pending transportation safety
legislation.
Section 3. Contracting requirements for investigation services.
This section would make permanent the Board's authority to
enter into agreements or contracts for investigations conducted
under the Board's general authority without regard to any
provision of law requiring competition, if necessary to
expedite the investigation. A description and rationale of each
contract permitted under this authority would be required
annually.
Section 4. Technical corrections.
This section of the bill would establish the position of a
Managing Director that will appoint and supervise officers and
employees (other than those in the immediate office of a Board
member) as well as fix the pay of all officers and employees.
The Managing Director would be appointed by the Chairman in
consultation with the Board, and must be subject to an approval
process established by the Board.
This section would permit each member of the Board to appoint
and supervise two fulltime employees in his or her immediate
office, with such employees still subject to standards that
apply to all NTSB employees. The Board also would be required,
within 6 months, to set up an investigation tracking system
available to all Board members that tracks the status and
activities associated with all ongoing and pending
investigations undertaken by the Board. The Board would be
required to develop a process for the Board to review and
comment on documents submitted the President, Office of
Management and Budget, or Congress.
This section also would require the NTSB to locate at least
one fulltime employee in every State more than 1,000 miles from
the nearest NTSB regional office to permit timely initial
response to accidents occurring anywhere in the United States.
Section 5. Amtrak plan to assist families of passengers involved in
rail passenger accidents.
Within 6 months after enactment, Amtrak would be required to
submit to the NTSB, DOT, and the Department of Homeland
Security a plan for providing the NTSB and DOT a list of the
names of passengers involved in train accidents and notifying
their families appropriately. This initiative is modeled after
the NTSB's aviation accident authority with $500,000 authorized
in FY 2007 to carry out the section.
Section 6. Inspector General of the NTSB.
This section would give the DOT IG the authority over Board
programs, operations, and activities not directly associated
with specific accident investigations or adjudications,
specifically: (1) financial management, property management,
and business operations, including internal accounting and
administrative control systems, (2) information management and
security, including privacy protection of personally
identifiable information, (3) resource management, (4)
workforce development, (5) procurement and contracting
planning, practices and policies, (6) malfeasance in office by
Board employees and contractors, and (7) allegations of false
statements, fraud, and other criminal activity within the
jurisdiction of the Board.
The IG's authority would exclude direct involvement or
oversight in specific accident investigations, and the IG also
would be required to consult closely with the Senate Committee
on Commerce, Science, and Transportation and the House
Committee on Transportation and Infrastructure and the NTSB on
its on-going investigations.
In addition, as part of the NTSB Amendments Act of 2000, the
NTSB is required to reimburse the DOT IG for costs associated
with the review authority of the DOT IG. This reimbursement
provision is removed with the understanding that the DOT IG
would be funded directly for these activities.
Section 7. Audit procedures.
This section would require the NTSB, in consultation with the
DOT IG, to continue to develop and implement comprehensive
internal audit controls for its operations, which must address
Board asset management systems, including systems for
accounting management, debt collection, travel, and property
and inventory management and control.
Section 8. DOT IG to investigate Central Artery project contractors and
oversight agencies.
This section would require the DOT IG to 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. This section would
give the DOT IG the authority to investigate parties involved
in the construction, maintenance, and oversight of the Central
Artery project in order to determine whether the collapse of
ceiling plates in the tunnel on July 10, 2006, resulted from
poor planning, development, construction, or other factors.
Section 9. Implementation of NTSB's ``Most Wanted Transportation Safety
Improvements, 2006''.
This section would require the FAA to submit a report to the
Senate Committee on Commerce, Science, and Transportation and
the House Committee on Transportation and Infrastructure
explaining why the agency has not implemented the aviation
recommendations in the NTSB's ``Most Wanted List.''
Section 10. Authorization of appropriations.
The bill would authorize $79,594,000 in FY 2007 and
$84,382,432 in FY 2008, and would eliminate the previous
practice of separately listing funds for Academy expenses. The
bill also would permit 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.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, 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 material is printed
in italic, existing law in which no change is proposed is shown
in roman):
TITLE 49. TRANSPORTATION
SUBTITLE II. OTHER GOVERNMENT AGENCIES
CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD
SUBCHAPTER II. ORGANIZATION AND ADMINISTRATIVE
Sec. 1111. General organization
(a) Organization.--The National Transportation Safety Board
is an independent establishment of the United States
Government.
(b) Appointment of Members.--The Board is composed of 5
members appointed by the President, by and with the advice and
consent of the Senate. Not more than 3 members may be appointed
from the same political party. At least 3 members shall be
appointed on the basis of technical qualification, professional
standing, and demonstrated knowledge in accident
reconstruction, safety engineering, human factors,
transportation safety, or transportation regulation.
(c) Terms of Office and Removal.--The term of office of each
member is 5 years. An individual appointed to fill a vacancy
occurring before the expiration of the term for which the
predecessor of that individual was appointed, is appointed for
the remainder of that term. When the term of office of a member
ends, the member may continue to serve until a successor is
appointed and qualified. The President may remove a member for
inefficiency, neglect of duty, or malfeasance in office.
(d) Chairman and Vice Chairman.--The President shall
designate, by and with the advice and consent of the Senate, a
Chairman of the Board. The President also shall designate a
Vice Chairman of the Board. The terms of office of both the
Chairman and Vice Chairman are 2 years. When the Chairman is
absent or unable to serve or when the position of Chairman is
vacant, the Vice Chairman acts as Chairman.
(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;]
(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) fix the pay of officers and employees necessary
to carry out this chapter;
[(2)] (3) distribute business among the officers,
employees, and administrative units of the Board; and
[(3)] (4) supervise the expenditures of the Board.
(f) Quorum.--Three members of the Board are a quorum in
carrying out duties and powers of the Board.
(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) aviation.
(2) highway and motor vehicle.
(3) rail and tracked vehicle.
(4) pipeline.
(5) marine.
(h) Chief Financial Officer.--The Chairman shall designate an
officer or employee of the Board as the Chief Financial
Officer. The Chief Financial Officer shall--
(1) report directly to the Chairman on financial
management and budget execution;
(2) direct, manage, and provide policy guidance and
oversight on financial management and property and
inventory control; and
(3) review the fees, rents, and other charges imposed
by the Board for services and things of value it
provides, and suggest appropriate revisions to those
charges to reflect costs incurred by the Board in
providing those services and things of value.
(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.
[(i)] (k) Seal.--The Board shall have a seal that shall be
judicially recognized.
Sec. 1113. Administrative
(a) General authority.--(1) The National Transportation
Safety Board, and when authorized by it, a member of the Board,
an administrative law judge employed by or assigned to the
Board, or an officer or employee designated by the Chairman of
the Board, may conduct hearings to carry out this chapter,
administer oaths, and require, by subpena or otherwise,
necessary witnesses and evidence.
(2) A witness or evidence in a hearing under paragraph (1) of
this subsection may be summoned or required to be produced from
any place in the United States to the designated place of the
hearing. A witness summoned under this subsection is entitled
to the same fee and mileage the witness would have been paid in
a court of the United States.
(3) A subpena shall be issued under the signature of the
Chairman or the Chairman's delegate but may be served by any
person designated by the Chairman.
(4) If a person disobeys a subpena, order, or inspection
notice of the Board, the Board may bring a civil action in a
district court of the United States to enforce the subpena,
order, or notice. An action under this paragraph may be brought
in the judicial district in which the person against whom the
action is brought resides, is found, or does business. The
court may punish a failure to obey an order of the court to
comply with the subpena, order, or notice as a contempt of
court.
(b) Additional powers.--(1) The Board may--
(A) procure the temporary or intermittent services of
experts or consultants under section 3109 of title 5;
(B) make agreements and other transactions necessary
to carry out this chapter without regard to section
3709 of the Revised Statutes (41 U.S.C. 5);
(C) use, when appropriate, available services,
equipment, personnel, and facilities of a department,
agency, or instrumentality of the United States
Government on a reimbursable or other basis;
(D) confer with employees and use services, records,
and facilities of State and local governmental
authorities;
(E) appoint advisory committees composed of qualified
private citizens and officials of the Government and
State and local governments as appropriate;
(F) accept voluntary and uncompensated services
notwithstanding another law;
(G) accept gifts of money and other property;
(H) make contracts with nonprofit entities to carry
out studies related to duties and powers of the Board;
[and]
(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
[(I)] (J) negotiate and enter into agreements with
individuals and private entities and departments,
agencies, and instrumentalities of the Government,
State and local governments, and governments of foreign
countries for the provision of facilities, accident-
related and technical services or training in accident
investigation theory and techniques, and require that
such entities provide appropriate consideration for the
reasonable costs of any facilities, goods, services, or
training provided by the Board.
(2) The Board shall deposit in the Treasury amounts received
under paragraph [(1)(I)] (1)(J) of this subsection to be
credited as offsetting collections to the appropriation of the
Board. The Board shall maintain an annual record of collections
received under paragraph [(1)(I)] (1)(J) of this subsection.
(c) Submission of Certain Copies to Congress.--When the Board
submits to the President or the Director of the Office of
Management and Budget a budget estimate, budget request,
supplemental budget estimate, other budget information, a
legislative recommendation, prepared testimony for
congressional hearings, or comments on legislation, the Board
must submit a copy to Congress at the same time. An officer,
department, agency, or instrumentality of the Government may
not require the Board to submit the estimate, request,
information, recommendation, testimony, or comments to another
officer, department, agency, or instrumentality of the
Government for approval, comment, or review before being
submitted to Congress. 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.
(d) Liaison committees.--The Chairman may determine the
number of committees that are appropriate to maintain effective
liaison with other departments, agencies, and instrumentalities
of the Government, State and local governmental authorities,
and independent standard-setting authorities that carry out
programs and activities related to transportation safety. The
Board may designate representatives to serve on or assist those
committees.
(e) Inquiries.--The Board, or an officer or employee of the
Board designated by the Chairman, may conduct an inquiry to
obtain information related to transportation safety after
publishing notice of the inquiry in the Federal Register. The
Board or designated officer or employee may require by order a
department, agency, or instrumentality of the Government, a
State or local governmental authority, or a person transporting
individuals or property in commerce to submit to the Board a
written report and answers to requests and questions related to
a duty or power of the Board. The Board may prescribe the time
within which the report and answers must be given to the Board
or to the designated officer or employee. Copies of the report
and answers shall be made available for public inspection.
(f) Regulations.--The Board may prescribe regulations to
carry out this chapter.
(g) Overtime Pay.--(1) In general.--Subject to the
requirements of this section and notwithstanding paragraphs (1)
and (2) of section 5542(a) of title 5, for an employee of the
Board whose basic pay is at a rate which equals or exceeds the
minimum rate of basic pay for GS-10 of the General Schedule,
the Board may establish an overtime hourly rate of pay for the
employee with respect to work performed at the scene of an
accident (including travel to or from the scene) and other work
that is critical to an accident investigation in an amount
equal to one and one-half times the hourly rate of basic pay of
the employee. All of such amount shall be considered to be
premium pay.
(2) Limitation on overtime pay to an employee.--An employee
of the Board may not receive overtime pay under paragraph (1),
for work performed in a calendar year, in an amount that
exceeds 15 percent of the annual rate of basic pay of the
employee for such calendar year.
(3) Limitation on total amount of overtime pay.--The Board
may not make overtime payments under paragraph (1) for work
performed in any fiscal year in a total amount that exceeds 1.5
percent of the amount appropriated to carry out this chapter
for that fiscal year.
(4) Basic pay defined.--In this subsection, the term ``basic
pay'' includes any applicable locality- based comparability
payment under section 5304 of title 5 (or similar provision of
law) and any special rate of pay under section 5305 of title 5
(or similar provision of law).
(5) Annual report.--Not later than January 31, 2002, and
annually thereafter, the Board shall transmit to the Senate
Committee on Commerce, Science, and Transportation and the
House Transportation and Infrastructure Committee a report
identifying the total amount of overtime payments made under
this subsection in the preceding fiscal year, and the number of
employees whose overtime pay under this subsection was limited
in that fiscal year as a result of the 15 percent limit
established by paragraph (2).
(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. 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) a statistical and analytical summary of the
transportation accident investigations conducted and
reviewed by the Board during the prior calendar year;
(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.] State;
(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;
(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; and
(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. 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.] 2006, $79,594,000 for fiscal year 2007,
and $84,382,432 for fiscal year 2008. 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.]
(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) [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 impose and collect
such fees, refunds, and reimbursements as it determines
to be appropriate for services provided by or through
the Board.
[(3)] (2) Receipts credited as offsetting
collections.--Notwithstanding section 3302 of title 31,
any [fee] 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;] 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;] 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) an aircraft accident the Board has authority to
investigate under section 1132 of this title or an
aircraft accident involving a public aircraft as
defined by section 40102(a)(37) of this title other
than an aircraft operated by the Armed Forces or by an
intelligence agency of the United States;
(B) a highway accident, including a railroad grade
crossing accident, the Board selects in cooperation
with a State;
(C) a railroad accident in which there is a fatality
or substantial property damage, or that involves a
passenger train;
(D) a pipeline accident in which there is a fatality,
substantial property damage, or significant injury to
the environment;
(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 the navigable waters, all internal waters,
and the territorial sea of the United States, or
involving a vessel of the United States (as defined in
section 2101(46)), under regulations prescribed jointly
by the Board and the head of the department in which
the Coast Guard is operating; and
(F) any other accident related to the transportation
of individuals or property when the Board decides--
(i) the accident is catastrophic;
(ii) the accident involves problems of a
recurring character; or
(iii) the investigation of the accident would
carry out this chapter.
(2)(A) Subject to the requirements of this paragraph, an
investigation by the Board under paragraph (1)(A)-(D) or (F) of
this subsection has priority over any investigation by another
department, agency, or instrumentality of the United States
Government. The Board shall provide for appropriate
participation by other departments, agencies, or
instrumentalities in the investigation. However, those
departments, agencies, or instrumentalities may not participate
in the decision of the Board about the probable cause of the
accident.
(B) If the Attorney General, in consultation with the
Chairman of the Board, determines and notifies the Board that
circumstances reasonably indicate that the accident may have
been caused by an intentional criminal act, the Board shall
relinquish investigative priority to the Federal Bureau of
Investigation. The relinquishment of investigative priority by
the Board shall not otherwise affect the authority of the Board
to continue its investigation under this section.
(C) If a Federal law enforcement agency suspects and notifies
the Board that an accident being investigated by the Board
under subparagraph (A), (B), (C), or (D) of paragraph (1) may
have been caused by an intentional criminal act, the Board, in
consultation with the law enforcement agency, shall take
necessary actions to ensure that evidence of the criminal act
is preserved.
(3) This section and sections 1113, 1116(b), 1133, and
1134(a) and (c)-(e) of this title do not affect the authority
of another department, agency, or instrumentality of the
Government to investigate an accident under applicable law or
to obtain information directly from the parties involved in,
and witnesses to, the accident. The Board and other
departments, agencies, and instrumentalities shall ensure that
appropriate information developed about the accident is
exchanged in a timely manner.
(b) Accidents involving public vessels.--(1) The Board or the
head of the department in which the Coast Guard is operating
shall investigate and establish the facts, circumstances, and
cause or probable cause of a marine accident involving a public
vessel and any other vessel. The results of the investigation
shall be made available to the public.
(2) Paragraph (1) of this subsection and subsection (a)(1)(E)
of this section do not affect the responsibility, under another
law of the United States, of the head of the department in
which the Coast Guard is operating.
(c) Accidents Not Involving Government Misfeasance or
Nonfeasance.--(1) When asked by the Board, the Secretary of
Transportation or the Secretary of the department in which the
Coast Guard is operating may--
(A) investigate an accident described under
subsection (a) or (b) of this section in which
misfeasance or nonfeasance by the Government has not
been alleged; and
(B) report the facts and circumstances of the
accident to the Board.
(2) The Board shall use the report in establishing cause or
probable cause of an accident described under subsection (a) or
(b) of this section.
(d) Accidents involving public aircraft.--The Board, in
furtherance of its investigative duties with respect to public
aircraft accidents under subsection (a)(1)(A) of this section,
shall have the same duties and powers as are specified for
civil aircraft accidents under sections 1132(a), 1132(b), and
1134(a), (b), (d), and (f) of this title.
(e) Accident reports.--The Board shall report on the facts
and circumstances of each accident investigated by it under
subsection (a) or (b) of this section. The Board shall make
each report available to the public at reasonable cost.
[Sec. 1137. Authority of the Inspector General
[(a) In general.--The Inspector General of the Department of
Transportation, in accordance with the mission of the Inspector
General to prevent and detect fraud and abuse, shall have
authority to review only the financial management, property
management, and business operations of the National
Transportation Safety Board, including internal accounting and
administrative control systems, to determine compliance with
applicable Federal laws, rules, and regulations.
[(b) Duties.--In carrying out this section, the Inspector
General shall--
[(1) keep the Chairman of the Board and Congress
fully and currently informed about problems relating to
administration of the internal accounting and
administrative control systems of the Board;
[(2) issue findings and recommendations for actions
to address such problems; and
[(3) report periodically to Congress on any progress
made in implementing actions to address such problems.
[(c) Access to Information.--In carrying out this section,
the Inspector General may exercise authorities granted to the
Inspector General under subsections (a) and (b) of section 6 of
the Inspector General Act of 1978 (5 U.S.C. App.).
[(d) Reimbursement.--The Inspector General shall be
reimbursed by the Board for the costs associated with carrying
out activities under this section.]
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.
* * * * * * *
SUBTITLE V--RAIL PROGRAMS
PART C--PASSENGER TRANSPORTATION
CHAPTER 243. AMTRAK
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.