[United States Statutes at Large, Volume 117, 108th Congress, 1st Session] [From the U.S. Government Printing Office, www.gpo.gov] 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 2033]] 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 2034]] 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 2035]] 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: --------------------------------------------------------------------------- SENATE REPORTS: No. 108-53 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 149 (2003): Nov. 21, considered and passed Senate and House.