PUBLIC LAW 108–168—DEC. 6, 2003

NATIONAL TRANSPORTATION SAFETY BOARD

REAUTHORIZATION ACT OF 2003

117 STAT. 2032 PUBLIC LAW 108–168—DEC. 6, 2003

Public Law 108–168

108th Congress

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.

49 USC 1101

note.

National

Transportation

Safety Board

Reauthorization

Act of 2003.

Dec. 6, 2003

[S. 579]

PUBLIC LAW 108–168—DEC. 6, 2003 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 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.

Deadline.

Effective date.

Termination

date.

49 USC 1113

note.

Deadline.

49 USC 1131

note.

117 STAT. 2034 PUBLIC LAW 108–168—DEC. 6, 2003

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:

5 USC app. 4

note; 49 USC

354.

Deadlines.

PUBLIC LAW 108–168—DEC. 6, 2003 117 STAT. 2035

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.

Æ

‘‘§ 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.

Approved December 6, 2003.

Deadline.

49 USC 1135

note.