[108th Congress Public Law 168]
[From the U.S. Government Printing Office]
[DOCID: f:publ168.108]
[[Page 2031]]
NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF 2003
[[Page 117 STAT. 2032]]
Public Law 108-168
108th Congress
An Act
To reauthorize the National Transportation Safety Board, and for other
purposes. <<NOTE: Dec. 6, 2003 - [S. 579]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: National Transportation
Safety Board Reauthorization Act of 2003.>> assembled,
SECTION 1. <<NOTE: 49 USC 1101 note.>> SHORT TITLE.
This Act may be cited as the ``National Transportation Safety Board
Reauthorization Act of 2003''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Years 2003-2006.--Section 1118(a) of title 49, United
States Code, is amended--
(1) by striking ``and''; and
(2) by striking ``such sums to'' and inserting the
following: ``$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''.
(b) Emergency Fund.--Section 1118(b) of such title is amended by
striking the second sentence and inserting the following: ``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.''.
(c) NTSB Academy.--Section 1118 of such title is amended by adding
at the end the following:
``(c) Academy.--
``(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.
``(3) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, any fee 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;
``(B) shall be available for expenditure only to pay
the costs of activities and services for which the fee
is imposed; and
``(C) shall remain available until expended.
[[Page 117 STAT. 2033]]
``(4) 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.''.
SEC. 3. ASSISTANCE TO FAMILIES OF PASSENGERS INVOLVED IN AIRCRAFT
ACCIDENTS.
(a) Relinquishment of Investigative Priority.--Section 1136 of title
49, United States Code, is amended by adding at the end the following:
``(j) Relinquishment of Investigative Priority.--
``(1) General rule.--This section (other than subsection
(g)) shall not apply to an aircraft accident if the Board has
relinquished investigative priority under section 1131(a)(2)(B)
and the Federal agency to which the Board relinquished
investigative priority is willing and able to provide assistance
to the victims and families of the passengers involved in the
accident.
``(2) Board assistance.--If this section does not apply to
an aircraft accident because the Board has relinquished
investigative priority with respect to the accident, the Board
shall assist, to the maximum extent possible, the agency to
which the Board has relinquished investigative priority in
assisting families with respect to the accident.''.
(b) Revision of MOU.--Not <<NOTE: Deadline. 49 USC 1131
note.>> later than 1 year after the date of enactment of this Act, the
National Transportation Safety Board and the Federal Bureau of
Investigation shall revise their 1977 agreement on the investigation of
accidents to take into account the amendments made by this section and
shall submit a copy of the revised agreement to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
SEC. 4. <<NOTE: 49 USC 1113 note.>> RELIEF FROM CONTRACTING
REQUIREMENTS FOR INVESTIGATIONS SERVICES.
(a) In General.--From <<NOTE: Effective date. Termination
date.>> the date of enactment of this Act through September 30, 2006,
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 <<NOTE: Deadline.>> February 1, 2006, 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) describes each contract for $25,000 or more executed by
the Board to which the authority provided by subsection (a) was
applied; and
(2) sets forth the rationale for dispensing with competition
requirements with respect to such contract.
[[Page 117 STAT. 2034]]
SEC. 5. ACCIDENT AND SAFETY DATA CLASSIFICATION AND PUBLICATION.
Section 1119 of title 49, United States Code, is amended by adding
at the end the following:
``(c) Appeals.--
``(1) Notification of rights.--In any case in which an
employee of the Board determines that an occurrence associated
with the operation of an aircraft constitutes an accident, the
employee shall notify the owner or operator of that aircraft of
the right to appeal that determination to the Board.
``(2) Procedure.--The Board shall establish and publish the
procedures for appeals under this subsection.
``(3) Limitation on applicability.--This subsection shall
not apply in the case of an accident that results in a loss of
life.''.
SEC. 6. SECRETARY OF TRANSPORTATION'S RESPONSES TO SAFETY
RECOMMENDATIONS.
Section 1135(d) of title 49, United States Code, is amended to read
as follows:
``(d) Reporting Requirements.--
``(1) Annual <<NOTE: Deadlines.>> secretarial regulatory
status reports.--On February 1 of each year, the Secretary shall
submit a report to Congress and the Board containing the
regulatory status of each recommendation made by the Board to
the Secretary (or to an Administration within the Department of
Transportation) that is on the Board's `most wanted list'. The
Secretary shall continue to report on the regulatory status of
each such recommendation in the report due on February 1 of
subsequent years until final regulatory action is taken on that
recommendation or the Secretary (or an Administration within the
Department) determines and states in such a report that no
action should be taken.
``(2) Failure to report.--If on March 1 of each year the
Board has not received the Secretary's report required by this
subsection, the Board shall notify the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of the Secretary's failure to
submit the required report.
``(3) Termination.--This subsection shall cease to be in
effect after the report required to be filed on February 1,
2008, is filed.''.
SEC. 7. TECHNICAL AMENDMENTS.
Section 1131(a)(2) of title 49, United States Code, is amended by
moving subparagraphs (B) and (C) 4 ems to the left.
SEC. 8. DOT INSPECTOR GENERAL INVESTIGATIVE AUTHORITY.
(a) In General.--Section 228 of the Motor Carrier Safety Improvement
Act of 1999 (113 Stat. 1773) <<NOTE: 5 USC app. 4 note; 49 USC 354.>> is
transferred to, and added at the end of, subchapter III of chapter 3 of
title 49, United States Code, as section 354 of that title.
(b) Conforming Amendments.--(1) The caption of the section is
amended to read as follows:
[[Page 117 STAT. 2035]]
``Sec. 354. Investigative authority of Inspector General''.
(2) The chapter analysis for chapter 3 of title 49, United States
Code, is amended by adding at the end the following:
``354. Investigative authority of Inspector General.''.
SEC. 9. <<NOTE: Deadline. 49 USC 1135 note.>> REPORTS ON CERTAIN
OPEN SAFETY RECOMMENDATIONS.
(a) Initial Report.--Within 1 year after the date of enactment of
this Act, the Secretary of Transportation shall submit a report to
Congress and the National Transportation Safety Board containing the
regulatory status of each open safety recommendation made by the Board
to the Secretary concerning--
(1) 15-passenger van safety;
(2) railroad grade crossing safety; and
(3) medical certifications for a commercial driver's
license.
(b) Biennial Updates.--The Secretary shall continue to report on the
regulatory status of each such recommendation (and any subsequent
recommendation made by the Board to the Secretary concerning a matter
described in paragraph (1), (2), or (3) of subsection (a)) at 2-year
intervals until--
(1) final regulatory action has been taken on the
recommendation;
(2) the Secretary determines, and states in the report, that
no action should be taken on that recommendation; or
(3) the report, if any, required to be submitted in 2008 is
submitted.
(c) Failure To Report.--If the Board has not received a report
required to be submitted under subsection (a) or (b) within 30 days
after the date on which that report is required to be submitted, the
Board shall notify the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
Approved December 6, 2003.
LEGISLATIVE HISTORY--S. 579:
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SENATE REPORTS: No. 108-53 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 149 (2003):
Nov. 21, considered and passed Senate and House.
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