[DOCID: f:hr512.109]
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109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-512
======================================================================
NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS ACT OF 2006
_______
June 20, 2006.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 5076]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 5076) to amend title 49, United
States Code, to authorize appropriations for fiscal years 2007,
2008, and 2009, and for other purposes, having considered the
same, report favorably thereon without amendment and recommend
that the bill do pass.
Purpose of the Legislation
H.R. 5076 reauthorizes the National Transportation Safety
Board (NTSB) for fiscal years 2007 through 2009. The Board's
authorization expires on September 30, 2006.
Background and Need for the Legislation
The NTSB is charged with investigating civil aviation
accidents and significant transportation accidents in the
surface modes--railroad, highway, marine, and pipeline. The
NTSB determines the probable cause of all civil aviation
accidents and significant surface transportation accidents,
conducts safety studies, and evaluates the effectiveness of
other government agencies' programs for preventing
transportation accidents.
In addition, the NTSB assists the families of victims of
aviation accidents. When resources allow, the NTSB also
provides family assistance for accidents in other
transportation modes.
The Board also serves as the ``court of appeal'' for
airmen, mechanics, and mariners whenever the Federal Aviation
Administration (FAA) or the U.S. Coast Guard takes a
certificate action. The Board's four administrative law judges
issue decisions on appeals filed with the Board, and these
decisions may be further appealed to the full five-member
Board.
Most importantly, 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.
Since 1967, the Board has investigated more than 124,000
aviation accidents, and at least 10,000 accidents in other
transportation modes. The Safety Board 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.
NTSB has no authority to issue substantive regulations
covering the transportation industry. Therefore, its
effectiveness is dependent upon timely accident reports and
safety recommendations. According to the NTSB, since its
inception in 1967, it has issued almost 12,000 safety
recommendations in all modes of transportation. The regulatory
and transportation communities have adopted more than 82
percent of these recommendations.
NTSB structure
The NTSB is composed of five board members who are
nominated by the President and confirmed by the Senate. No more
than three members may be from the same political party, and at
least three members must be appointed on the basis of technical
qualification, professional standing, and demonstrated
technical knowledge. All board members serve a five-year term.
The President designates, and the Senate confirms, one of the
five members to serve as Chairman for a term of two years. The
President also designates one of the members to serve as Vice
Chairman.
NTSB operations
Each year, the NTSB investigates more than 1,800 aviation
accidents and incidents, and about one hundred railroad,
highway, maritime, and pipeline transportation accidents. To
leverage its limited resources, the Board 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 not only greatly multiplies the Board's
resources, it also 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 Federal
Aviation Administration is a party to each aviation
investigation. Only those entities that can provide technical
expertise required for the investigation are granted party
status, and only those persons who can provide the Board 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 Safety Board investigators who are experts in
appropriate technical specialties, based on the mode of
transportation and the nature of the accident. Each Safety
Board expert manages an investigative group made up of other
experts from industry and government organizations that are
parties to the investigation. Each Safety Board expert prepares
a factual report that is verified for accuracy by the party
representatives in the group. The factual reports are placed in
the publicly accessible docket and, after the completion of a
formal technical review by the entire 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 Board.
The NTSB is statutorily required to determine the probable
cause of all civil aviation accidents. The Board asks the FAA
to send inspectors to document the facts of certain aviation
accidents, and the Board uses this information to make a
determination of probable cause. In general, the Board relies
on the FAA to conduct the on-scene investigation on its behalf
for most non-fatal aviation accidents and for some fatal
aviation accidents in which the cause is obvious and there is
little chance of deriving a safety benefit from the
investigation.
NTSB Training Academy
The Academy provides training in transportation safety and
accident investigation techniques to its own investigators and
the transportation community. The NTSB Academy opened in
Ashburn, Virginia, in September 2003. The 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.
Concerns about the level of investigative resources being
used to support the Academy have prompted NTSB management to
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, will monitor the Academy Plan, will
oversee marketing strategy, and will 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.
Authorization and use of appropriations
The Committee supports the authorized funding levels shown
in the table below for FY2007-FY2009. For comparison purposes,
the NTSB's FY2006 appropriation level and the FY2007
President's Budget request level are also shown.
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
FY2007
FY2006 President's FY2007 FY2008 FY2009
enacted budget auth. auth. auth.
----------------------------------------------------------------------------------------------------------------
Salaries & Expenses:
Funding............................................ $76.700 $79.594 $81.594 $99.974 $104.844
Full-Time Equivalents.............................. 396 399 410 475 475
----------------------------------------------------------------------------------------------------------------
While the NTSB's last reauthorization (the National
Transportation Safety Board Reauthorization Act of 2003)
authorized the NTSB and the Academy separately, H.R. 5076 would
combine funding for these purposes in a single authorization.
The FY2007 President's budget requests $79.6 million for the
NTSB, $2.9 million above the FY2006 enacted level. This
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 account.
No new program initiatives are funded in the President's
request level. Compared to the FY2007 President's request
level, the FY2007 authorization level would permit the hiring
of 11 additional critical investigative positions, for a total
of 410 full-time equivalent employees. These 11 critical
positions include a fire and explosion specialist, a rail
operations and track specialist, a flight data recorder
specialist, a regional air safety investigator specializing in
the new light jet aircraft, a survival factors investigator,
and other technical positions.
The FY2008 and FY2009 authorization levels are based on 475
full time equivalent employees. The NTSB has determined through
a human capital forecast conducted in FY2006 that 475 is the
minimum number of full-time employees needed to effectively and
efficiently meet the mission and support efforts that are
expected of the Board.
Emergency Fund
The Committee does not support the Administration's
proposal to shift the existing $2 million balance of the NTSB's
Emergency Fund into the NTSB's Salaries and Expenses account.
Section 2(b) of the bill maintains a separate Emergency Fund,
and increases the Fund from $2 million to $4 million.
In the event of a major accident that imposes extraordinary
costs on the NTSB, the Emergency Fund allows the NTSB to
proceed with its investigation without first waiting for
enactment of a supplemental appropriation.
The cost of a major aviation accident investigation,
particularly one that requires underwater recovery of wreckage,
cannot be accommodated within the NTSB's normal budget.
Typically, a supplemental appropriation must be enacted to
cover these extraordinary costs, but this can take months.
During this time, the Emergency Fund is critically important in
terms of bridging the gap until a supplemental appropriation is
received.
For example, in FY2000, two major aviation accidents
occurred--Egypt Air Flight 990 and Alaska Airlines Flight 261.
Egypt Air occurred in November 1999 and Alaska Air occurred in
January 2000. To fund these two accident investigations, the
NTSB needed to use a deficiency apportionment (apportioning its
full-year appropriation up front) to cover the extraordinary
expenses of these two investigations until a $5 million payment
was received from the Egyptian government on June 30, 2000, and
a supplemental appropriation was enacted in July 2000. At the
time the $5 million was received from the Egyptians, the NTSB
was within a day of having to shut down due to lack of funding.
In FY1996, the investigations of ValuJet Flight 592 and TWA
Flight 800 also strained the NTSB's resources. The Valujet
accident occurred in May 1996, followed by the TWA 800 accident
in July 1996. A supplemental appropriation of $30 million was
eventually enacted, but not until a year later, in June 1997.
To continue its investigation pending enactment of the
supplemental, the NTSB was forced to rely on the U.S. Navy to
absorb the cost of the underwater recovery of TWA 800 wreckage.
In addition, funds owed to the State of New York and local
counties in New York in connection with TWA 800, and to Dade
County, Florida, in connection with ValuJet 592, were delayed,
as well.
Due to inflation, the cost of these types of accident
investigations today would be even greater, increasing the need
for the Emergency Fund. Therefore, section 2(b) increases the
Board's existing Emergency Fund from $2 million to $4 million
to better ensure that the Board's investigation of a major
accident is not delayed pending enactment of a supplemental
appropriation.
Staff of NTSB members
Section 3 of the bill provides that each member of the
Board retains the authority to appoint employees to ``the
member's personal staff.'' The intent of this language is for
each member to be provided authority to choose personal
professional and administrative staff without the need for
coordination with or approval by the NTSB Chairman or any other
agency. Such authority is, however, limited to the number of
full-time equivalent positions allocated to each member, and
contingent on each potential employee being approved for
employment by the designated agency ethics official under the
same guidelines applicable to all Safety Board employees.
Payment for services of DOT Inspector General
The National Transportation Safety Board Amendments Act of
2000 (P.L. 106-424) authorized the DOT Inspector General (IG)
to review the financial management, property management, and
business operations of the Board. That Act also provided that
the Inspector General would be reimbursed by the Board for the
costs associated with carrying out these activities. In FY
2005, the Board reimbursed the DOT IG $274,931 for costs
associated with carrying out these activities.
Section 7 eliminates the reimbursement provision with the
understanding that the Inspector General will be funded
directly for these activities. This provision allows for a more
efficient allocation and management of resources. The Safety
Board reports that the Inspector General concurs with this
proposal.
Relief from certain contracting requirements for investigation services
The Board's last reauthorization legislation, the National
Transportation Safety Board Reauthorization Act of 2003 (P.L.
108-168), provided the authority for the NTSB to enter into
certain agreements or contracts without competition when
necessary to expedite an investigation. Since this authority
was provided in 2003, it has been used ten times and has proven
beneficial in allowing the Board to award quickly contracts to
obtain services to expedite accident investigations. This
authority sunsets on September 30, 2006. Section 8 of the bill
eliminates the sunset provision and makes the special
contracting authority permanent.
Runway safety areas
Improving runway safety areas remains a NTSB safety
recommendation following several plane crashes starting in the
1970's through today. The FAA's runway safety area program was
established in response to the NTSB's recommendations. Section
10 addresses a runway safety area project at Juneau
International Airport in Alaska.
Summary of the Legislation
Sec. 1.--Short title
This Act may be cited as the ``National Transportation
Safety Board Amendments Act of 2006''.
Sec. 2.--Authorization of appropriations
Subsection (a) authorizes the appropriation of $81,594,000
for fiscal year 2007, $99,974,000 for fiscal year 2008, and
$104,844,000 for fiscal year 2009 to fund authorized activities
of the National Transportation Safety Board (NTSB).
In FY2007, the authorized funding level of $81,594,000
would support 410 full-time equivalent staff. This authorized
level exceeds the amount requested for the NTSB in the FY2007
President's Budget by $2,000,000. This increase above the
President's Budget would permit the hiring of 11 critical
investigative positions.
In FY2008 and FY2009, the authorized funding level would
support 475 full-time equivalent staff, including 455 permanent
Board staff and 20 co-operative (i.e., student) positions. This
staffing level has been identified by the Board's recently
completed human capital forecast as being the optimal level to
effectively and efficiently execute the NTSB's mission.
Subsection (b) increases the NTSB's Emergency Fund from its
current balance of $1,998,000, to $4,000,000. In the event of a
major accident that imposes extraordinary costs on the NTSB,
the Emergency Fund allows the NTSB to proceed with its
investigation without first waiting for enactment of a
supplemental appropriation.
In addition, subsection (b) authorizes the appropriation of
such sums as may be necessary to maintain the Fund at a level
not to exceed $4,000,000.
Subsection (c) authorizes fees, refunds, and reimbursements
collected by the Board to remain available until expended. This
provision permits 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.
Sec. 3.--Staff of NTSB members
Section 3 authorizes each member of the Board, rather than
the Chairman, to appoint employees on his or her own personal
staff.
Sec. 4.--Technical corrections
Section 1111(g) of title 49 lists the offices that the
Board is required to establish to investigate and report on
accidents in the various modes of transportation. The section
currently lists aviation, highway and motor vehicle, rail, and
pipeline, but omits marine. Because it is clear from other
portions of the Board's statute (such as section 1131) that
Congress intends for the Board to investigate marine accidents,
and because the Board has long investigated marine accidents,
subsection (a) adds ``marine'' to the transportation modes
currently listed in section 1111(g) so that section 1111(g)
accurately reflects the modal investigative units that exist at
the NTSB.
Subsection (b) makes a technical amendment to section 48103
of title 49 to conform the amount of FY2006 contract authority
listed in that section to the amount that is actually available
after two rescissions that were enacted in FY2006
appropriations acts.
Sec. 5.--Annual report
Section 5 incorporates what is currently a separate report
on the activities and operations of the National Transportation
Safety Board Academy into the annual report required under
section 1117 of title 49, United States Code.
Sec. 6.--Marine accident investigations
Section 6 clarifies that the NTSB has jurisdiction to
investigate major marine accidents occurring on bodies of water
located entirely within the boundaries of a single state, such
as Lake George, New York. Specifically, section 6 replaces the
phrase ``navigable waters or territorial sea of the United
States'' with the broader language, ``on or under waters
subject to the jurisdiction of the United States.'' Also, the
use of the term ``vessel of the United States'' was previously
undefined in title 49; accordingly, section 6 adds a reference
to the definition provided in section 2101(46) of title 46,
United States Code.
Sec. 7.--Payment for services of Inspector General
As part of the National Transportation Safety Board
Amendments Act of 2000, the Inspector General of the Department
of Transportation (DOT IG) was authorized to review the
financial management, property management, and business
operations of the Board. That legislation also provided that
the DOT IG would be reimbursed by the Board for the costs
associated with carrying out these activities. Effective
October 1, 2006, section 7 removes the provision in current law
that authorizes the Board to reimburse the DOT IG. The DOT IG
would instead be funded directly for these activities.
Sec. 8.--Investigation services
Subsection (a) makes permanent the expedited contracting
procedures that were authorized for the NTSB in the 2003
reauthorization act. Subsection (b) continues the disclosure
and reporting requirements associated with this authority under
current law. Specifically, the requirement to report annually
each instance in which a contract for $25,000 or more was
executed by the Board using the expedited contracting authority
is made permanent, and consolidated with the annual report
required under section 1117 of title 49, United States Code.
Sec. 9.--Rescission of unobligated balances
Section 9 rescinds $2,002,000 in unobligated balances
remaining from the $5 billion made available by the Air
Transportation Safety and System Stabilization Act (P.L. 107-
42). These funds were provided to compensate air carriers for
costs incurred as a result of the Federal Government's shutdown
of the national airspace system after the terrorist attacks of
September 11, 2001. These funds are no longer needed to settle
claims against the air carrier compensation funds provided by
P.L. 107-42.
Sec. 10.--Review of Alaska runway safety area project
Section 10 provides that, for a runway safety area project
at Juneau International Airport in Alaska, the Federal Aviation
Administration (FAA) may only select as the preferred
alternative the least expensive alternative, including
lifecycle costs, that otherwise meets FAA standards and that
maintains the length of the runway as of the date of enactment.
In addition, subsection (c) provides that certain environmental
review requirements shall be considered to be satisfied by the
selection of the least expensive safety area alternative.
Legislative History and Committee Consideration
H.R. 5076 was introduced by Chairman Don Young, Ranking
Member James Oberstar, Aviation Subcommittee Chairman John
Mica, and Aviation Subcommittee Ranking Member Jerry Costello
on April 4, 2006. It was referred to the Committee on
Transportation and Infrastructure. A full committee mark-up was
held on April 5, 2006, where the legislation was ordered
reported to the House by voice vote.
Rollcall Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each rollcall vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no rollcall votes during consideration of the bill.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance with House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objective of this legislation are to
improve transportation safety.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
5076 from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 24, 2006.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5076, the National
Transportation Safety Board Amendments 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.
H.R. 5076--National Transportation Safety Board Amendments 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
2007-2009 period, H.R. 5076 would authorize the appropriation
of $287 million for all NTSB activities, including its training
academy.
CBO estimates that enacting the bill would not have a
significant impact on direct spending over the 2006-2016
period. H.R. 5076 would provide $2 million in new budget
authority for the NTSB emergency fund, increasing total
resources of the fund to $4 million. CBO estimates that
spending over the next 10 years from this addition to the
emergency fund would not be significant. In addition, the bill
would rescind $2 million of unobligated balances originally
provided by the Air Transportation Safety and System
Stabilization Act (Public Law 107-42).
H.R. 5076 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 5076 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:
Budget Authority............................................ 75 0 0 0 0 0
Estimated Outlays........................................... 76 8 0 0 0 0
Proposed Changes:
Authorization Level......................................... 0 82 100 105 0 0
Estimated Outlays........................................... 0 74 98 105 10 0
NTSB Spending Under H.R. 5076:
Authorization Level......................................... 75 82 100 105 0 0
Estimated Outlas............................................ 75 82 98 105 10 0
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
5076 will be enacted in fiscal year 2006 and that the
authorized amounts will be appropriated for each year.
Estimates of spending are based on information from NTSB and
historical patterns for these programs.
Spending subject to appropriation
Over the 2007-2009 period, the bill would authorize the
appropriation of $287 million for the NTSB. H.R. 5076 would
combine funding for both the NTSB and its training center in a
single authorization of appropriations. (Current law includes a
separate authorization of appropriations for the training
center, also known as the Academy.) Assuming that the
authorized funding is provided, CBO estimates that implementing
the bill would cost $287 million over the 2007-2010 period.
Direct spending
CBO estimates that enacting the bill would not have a
significant impact on direct spending over the 2006-2016
period. The bill would provide $2 million of new budget
authority to the NTSB emergency fund. In addition, H.R. 5076
would rescind $2 million in budget authority from a
compensation program for air carriers. Thus, there would be no
net impact on the budget from those actions.
Emergency Fund. H.R. 5076 would provide $2 million in new
budget authority for the NTSB emergency fund. The emergency
fund provides additional resources when there is more work in a
year than there is funding. According to NTSB, the Board does
not use the fund on a regular basis. CBO estimates that, over
the last 10 years, outlays from the fund averaged less than
$200,000 per year. Consequently, CBO estimates that spending of
this new budget authority over the next 10 years would not be
significant in any year.
Compensation for Air Carriers. The bill would rescind $2
million of unobligated funds provided by the Air Transportation
Safety and System Stabilization Act (Public Law 107-42). That
budget authority was a part of an economic relief package for
aircarriers impacted by the terrorist attacks of September 11,
2001. CBO does not expect that there will be any future
spending from those unobligated funds. Thus, this rescission
would not affect direct spending over the 2006-2016 period.
Intergovernmental and private-sector impact: H.R. 5076
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: Federal Cost: 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.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, committee reports on a bill or joint
resolution of a public character shall include a statement
citing the specific powers granted to the Congress in the
Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local or
tribal law. The Committee states that H.R. 5076 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE II--OTHER GOVERNMENT AGENCIES
* * * * * * *
CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD
* * * * * * *
SUBCHAPTER II--ORGANIZATION AND ADMINISTRATIVE
Sec. 1111. General organization
(a) * * *
* * * * * * *
(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,
except that each member of the Board shall appoint
employees on the member's personal staff;
* * * * * * *
(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) * * *
* * * * * * *
(5) marine.
* * * * * * *
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) * * *
(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[.]; and
(4) a description of the activities and operations of
the National Transportation Safety Board Academy.
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. 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.]
(a) In General.--There is authorized to be appropriated for
the purposes of this chapter $81,594,000 for fiscal year 2007,
$99,974,000 for fiscal year 2008, and $104,844,000 for fiscal
year 2009. Such sums shall remain available until expended.
(b) Emergency Fund.--
(1) In general.--The Board has an emergency fund
available for necessary expenses of the Board, not
otherwise provided for, for accident investigations.
(2) Authorization of appropriations.--There is
authorized to be appropriated such sums as may be
necessary to maintain the fund at a level not to exceed
$4,000,000.
(3) Availability of amounts.--Amounts in the fund
shall be available without further appropriations
action and shall 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 collect such fees,
refunds, and reimbursements, as the Board determines
appropriate for services provided by or through the
Board.
[(3)] (2) Receipts credited as offsetting
collections.--Notwithstanding section 3302 of title 31,
any fee, refund, or reimbursement collected under this
subsection--
(A) shall be credited as offsetting
collections to the account that finances the
activities and services for which the fee is
imposed or with which the refund or
reimbursement is associated;
(B) shall be available for expenditure only
to pay the costs of activities and services for
which the fee is imposed or with which the
refund or reimbursement is associated; and
(C) shall remain available until expended.
[(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) * * *
* * * * * * *
(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 or under waters subject to the jurisdiction
of the United States, or involving a vessel of the
United States (as defined in section 2101(46) of title
46), under regulations prescribed jointly by the Board
and the head of the department in which the Coast Guard
is operating; and
* * * * * * *
Sec. 1137. Authority of the Inspector General
(a) * * *
* * * * * * *
[(d) Reimbursement.--The Inspector General shall be
reimbursed by the Board for the costs associated with carrying
out activities under this section.]
* * * * * * *
PART C--FINANCING
CHAPTER 481--AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS
* * * * * * *
Sec. 48103. Airport planning and development and noise compatibility
planning and programs
The total amounts which shall be available after September
30, 2003, to the Secretary of Transportation out of the Airport
and Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 (26 U.S.C. 9502) to make grants
for airport planning and airport development under section
47104 of this title, airport noise compatibility planning under
section 47505(a)(2) of this title, and carrying out noise
compatibility programs under section 47504(c) of this title
shall be--
(1) * * *
* * * * * * *
(3) [$3,600,000,000] $3,514,500,000 for fiscal year
2006; and
* * * * * * *
Sec. 48104. Operations and maintenance
(a) Authorization of Appropriations.--[the] The balance of
the money available in the Airport and Airway Trust Fund
established under section 9502 of the Internal Revenue Code of
1986 (26 U.S.C. 9502) may be appropriated to the Secretary of
Transportation out of the Fund for--
(1) direct costs the Secretary incurs to flight
check, operate, and maintain air navigation facilities
referred to in section 44502(a)(1)(A) of this title
safely and efficiently; and
(2) the costs of services provided under
international agreements related to the joint financing
of air navigation services assessed against the United
States Government.
* * * * * * *
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SECTION 4 OF THE NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION
ACT OF 2003
SEC. 4. RELIEF FROM CONTRACTING REQUIREMENTS FOR INVESTIGATIONS
SERVICES.
(a) In General.--[From the date of enactment of this Act
through September 30, 2006, the] The National Transportation
Safety Board may enter into agreements or contracts under the
authority of section 1113(b)(1)(B) of title 49, United States
Code, for investigations conducted under section 1131 of that
title without regard to any other provision of law requiring
competition if necessary to expedite the investigation.
(b) Report on Usage.--[On February 1, 2006,] On July 1 of
each year, as part of the annual report required by section
1117 of title 49, United States Code, the National
Transportation Safety Board shall transmit a report to the
House of Representatives Committee on Transportation and
Infrastructure, the House of
Representatives Committee on Government Reform, the Senate
Committee on Commerce, Science, and Transportation, and the
Senate Committee on Governmental Affairs that--
(1) * * *
* * * * * * *
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