[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 579 Enrolled Bill (ENR)]
S.579
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
To reauthorize the National Transportation Safety Board, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. 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.
``(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 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. RELIEF FROM CONTRACTING REQUIREMENTS FOR INVESTIGATIONS
SERVICES.
(a) In General.--From 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 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.
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 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) 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:
``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. 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.