National Transportation Safety Board Reauthorization Act of 2003
PL 108-168 (S.579), enacted 12/06/2003

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 appro-
priated 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.—Not-
withstanding 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]
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117 STAT. 2033
PUBLIC LAW 108–168—DEC. 6, 2003
‘‘(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 AIR-
CRAFT 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 inves-
tigative 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 INVES-
TIGATIONS 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 investiga-
tions 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 Infrastruc-
ture, 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.
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117 STAT. 2034
PUBLIC LAW 108–168—DEC. 6, 2003
SEC. 5. ACCIDENT AND SAFETY DATA CLASSIFICATION AND PUBLICA-
TION.
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 Sec-
retary (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 Transpor-
tation 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.
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117 STAT. 2035
PUBLIC LAW 108–168—DEC. 6, 2003
LEGISLATIVE HISTORY—S. 579:
SENATE REPORTS: No. 108–53 (Comm. on Commerce, Science, and Transpor-
tation).
CONGRESSIONAL RECORD, Vol. 149 (2003):
Nov. 21, considered and passed Senate and House.
‘‘§ 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 con-
taining 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 sub-
section (a)) at 2-year intervals until—
(1) final regulatory action has been taken on the rec-
ommendation;
(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 Infra-
structure 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.
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