HR5076DEC8

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Week Ending December 8, 2006

H.R.5076 To amend title 49, United States Code, to authorize appropriations for fiscal years 2007, 2008, and 2009, for the National Transportation Safety Board and for other purposes.

The bill makes a few changes in how National Transportation Safety Board (NTSB) does business. Authorization for appropriations is extended for fiscal years 2007 through 2009. Funds would include up to $4 million for accident investigations.

The role of the agency is clarified to establish bureaus, divisions or offices to investigate and report on marine transportation accidents. Under NTSB authority would be the investigation of major marine casualties on or under US jurisdiction waters.

Funds would be reduced for airport and airway planning and noise compatibility planning programs. The DOT inspector general would no longer be reimbursed by the NTSB for preventing and detecting fraud and abuse in the NTSB. Congress would receive a report each year on July 1 on non-competitive contracts of $25,000 or more for services related to the investigations of transportation accidents.

NTSB staff are authorized to appoint employees to their personal staff.

Specifically the runway 8/26 at Juneau International Airport, AK would be impacted by directing the Secretary of transportation to select a least expensive alternative to an environmental review regarding runway safety areas.

$2 million remaining from the $5 billion for the Air Transportation Safety and System Stabilization Act are rescinded. The Act was established after Sept. 11, 2001 to compensate air carriers for the expenses incurred due to the national shutdown of airspace after the attacks. The $2 million is all that remains from settled claims brought against the air carrier compensation fund.

Sponsor: Rep. Don Young (R-AK)

Vote: Passed House by voice vote December 6, 2006. Passed Senate by Unanimous Consent December 8, 2006

Cost to the taxpayers: $81,594,000 for fiscal year 2007, $99,974,000 for fiscal year 2008, and $104,844,000 for fiscal year 2009

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MORE INFORMATION

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.

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