    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing 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.

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    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.