[Congressional Record Volume 149, Number 170 (Friday, November 21, 2003)]
[Senate]
[Pages S15507-S15508]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF 2003

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate now 
proceed to the immediate consideration of Calendar No. 112, S. 579.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 579) to reauthorize the National Transportation 
     Safety Board, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCAIN. Mr. President, I am pleased that the Senate is now 
considering S. 579, the National Transportation Safety Board 
Reauthorization Act of 2003. This bill was introduced by Senators 
Hollings, Lott, Hutchison, Rockefeller and myself, and it was 
unanimously approved by the Senate Committee on Commerce, Science, and 
Transportation on March 22, 2003.
  Each year, the National Transportation Safety Board, NTSB, 
investigates more than 2,000 transportation accidents and events, 
including all fatal aviation accidents, and hundreds of railroad, 
highway, maritime, and pipeline transportation accidents. The NTSB also 
conducts safety studies, and evaluates the effectiveness of other 
government agencies' programs for preventing transportation accidents. 
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.
  This legislation would authorize appropriations for the NTSB for 
fiscal years 2003 through 2006. It also would allow the NTSB to 
relinquish responsibility for providing assistance to families of 
victims of accidents to the FBI if it takes over the investigation, and 
give the NTSB expedited procurement procedures to aid in accident 
investigations.
  The bill is being proposed along with an amendment that incorporates 
provisions from the House-passed version of its NTSB reauthorization 
bill, H.R. 1527. The amendment was developed in cooperation with the 
House Transportation and Infrastructure Committee. Among other things, 
it includes a provision that would require the Secretary of 
Transportation to submit annual status reports on the Department's 
progress in meeting the safety recommendations stemming from the NTSB's 
``most wanted list.''
  The NTSB's safety investigations and the resulting recommendations 
play a vital role in ensuring the safe and efficient operation of our 
nation's transportation system. It is my understanding that the NTSB 
supports this legislation.
  I urge the Senate to pass this important legislation so the House of 
Representatives can consider it before they adjourn for the year.
  Mr. FRIST. I ask unanimous consent that the McCain-Hollings amendment 
at the desk be agreed to; the bill, as amended, be read the third time 
and passed; the motion to reconsider be laid upon the table en bloc, 
and any statements be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2211) was agreed to, as follows:

   (Purpose: To add provisions relating to accident and safety data 
 classification and publication from H.R. 1527, as passed by the House 
              of Representatives, and for other purposes)

       On page 2, line 15, strike ``$3,000,000.'' and insert 
     ``$4,000,000.''.
       On page 3, line 6, strike ``paragraph'' and insert 
     ``subsection''.
       On page 3, line 16, strike the closing quotation marks and 
     the second period.
       On page 3, line 17, strike ``(c)'' and insert `` `(d)''.
       On page 3, line 21, insert closing quotation marks and a 
     period after the period.
       On page 5, strike lines 7 through 21, and insert the 
     following:

     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 con tracts 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 Government 
     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.
       On page 5, after line 21, add the following:

     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 vended 
     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

[[Page S15508]]

     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.
  The bill (S. 579), as amended, was read the third time and passed, as 
follows:

                                 S. 579

       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 Government 
     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.

                          ____________________