[Senate Report 107-311]
[From the U.S. Government Publishing Office]
Calendar No. 699
107th Congress Report
SENATE
2d Session 107-311
======================================================================
NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF 2002
_______
October 10, 2002.--Ordered to be printed
_______
Mr. Hollings, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 2950]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2950) a bill to amend title 49,
United States Code, to authorize appropriations for the
National Transportation Safety Board for Fiscal Years 2003,
2004, and 2005, and for other purposes, having considered the
same, reports favorably thereon with amendments and recommends
that the bill (as amended) do pass.
Purpose of the Bill
The purpose of this bill, as reported, is to authorize
appropriations for the National Transportation Safety Board for
Fiscal Years 2003, 2004, and 2005, and for other purposes.
Background and Needs
The National Transportation Safety Board (NTSB), established
as an independent agency in 1974 when it was removed from the
Department of Transportation (DOT), is charged with determining
the probable cause of transportation accidents and promoting
transportation safety. The Board investigates accidents,
conducts safety studies, and evaluates the effectiveness of
other government agencies' programs for preventing
transportation accidents. In addition, the NTSB coordinates all
Federal assistance to families of victims of catastrophic
aviation accidents. When resources allow, the NTSB also
provides family assistance for accidents in other
transportation modes.
The Board also serves as the ``court of appeal'' for airmen,
mechanics, and mariners whenever the Federal Aviation
Administration (FAA) or the U.S. Coast Guard takes an adverse
certificate action against them. In P.L. 106-181, the Wendell
H. Ford Aviation Investment and Reform Act for the 21st Century
(AIR 21), Congress expanded the Board's jurisdiction to include
review of FAA emergency revocations of pilot licenses. These
emergency revocations take effect immediately, and prior to AIR
21, the pilot's only recourse was to take the FAA to court.
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.
Since 1967, the Board has investigated more than 114,000
aviation accidents, and at least 10,000 additional accidents in
other transportation modes. The NTSB also investigates
accidents involving hazardous material transportation and is
the sole U.S. accredited representative at foreign aviation
accident investigations under the Convention on International
Civil Aviation.
The NTSB has no authority to issue regulations covering the
transportation industry. Therefore, its effectiveness is
dependent upon timely and accurate determinations of accident
causation and issuing safety recommendations. According to the
NTSB, since its inception in 1967, the NTSB has issued almost
12,000 safety recommendations in all modes of transportation.
Over 82 percent of those recommendations have been adopted by
the regulatory and transportation communities.
NTSB OPERATIONS
Each year, the NTSB investigates more than 2,000 aviation
accidents and incidents, including all fatal aviation
accidents, and hundreds of railroad, highway, maritime, and
pipeline transportation accidents. To leverage its limited
resources, the Board typically designates other government
agencies, organizations, corporations, or foreign authorities
(in the case of, for example, investigations involving foreign
aircraft) as parties to the investigation. According to the
NTSB, the participation of these other parties not only greatly
multiplies the Board's resources, it also ensures general
agreement on the facts developed during an investigation, and
allows first-hand access to information so that the parties can
take appropriate and timely corrective actions.
When the NTSB is notified of a major accident, it launches a
``go-team'' that varies in size depending on the severity of
the accident and the complexity of the issues involved. Go-
teams consist of Board investigators who are experts in
appropriate technical specialties based on the mode of
transportation and the nature of the accident. Each NTSB expert
manages an investigative group made up of other experts from
industry and government organizations that are parties to the
investigation in the collection of the facts surrounding the
accident. Eventually, each Board expert prepares a factual
report that is verified for accuracy by each of the party
representatives in the group. These reports are placed in the
public docket and, after completion of a formal technical
review by the team, they constitute the factual record of the
investigation.
After investigating an accident, the NTSB determines the
probable cause and issues a formal report. Parties do not
participate in the analytical or report-writing phases of the
NTSB's investigations, although they may submit their proposed
findings of probable cause and proposed safety recommendations
directly to the Board.
The NTSB is statutorily required to make a cause
determination for all aviation accidents. Although the NTSB
investigates all fatal aviation accidents, the Board may
request the FAA to investigate non-fatal aviation accidents.
States or other agencies often investigate accidents in other
modes of transportation.
NTSB REAUTHORIZATION REQUEST
On June 25, 2002, the Committee on Commerce, Science, and
Transportation held a hearing on the reauthorization proposal
of the NTSB. At the hearing, the NTSB requested a three-year
authorization along with two statutory changes, one regarding
investigative priority for major marine accidents, and the
other regarding responsibility for family assistance in
transportation incidents resulting from intentional criminal
acts. The Coast Guard and NTSB reached an agreement on the
issue of maritime accident investigations on Friday, September
13, 2002, obviating the need for legislation on that issue.
The President's Fiscal Year 2003 budget submission requested
$73.8 million for the NTSB, $5.84 million above the Fiscal Year
2002 enacted level. Of the $5.84 million requested increase,
$3.36 million is related to the President's proposal to shift
employee health benefit and pension costs from the Office of
Personnel Management to each individual agency's budget in
Fiscal Year 2003. The remaining $2.48 million increase is
related to pay raises, benefit cost increases, inflation, and
costs associated with the start-up of the NTSB Training
Academy. No new program initiatives are funded in the
President's request. Appendix A shows the NTSB's Fiscal Year
2002 appropriated level, the Fiscal Year 2003 President's
requested level, and the authorization levels that are
requested by the NTSB for Fiscal Years 2003-2005.
The NTSB is requesting a Fiscal Year 2003 authorization level
of $76.7 million, which is $2.8 million higher than the
President's budget request. This $2.8 million increase above
the President's request would fund: (1) 16 full-time equivalent
staff-years ($2.5 million); and (2) a 3.6 percent cost-of-
living adjustment (COLA), instead of the 2.6 percent COLA
assumed in the President's Budget ($0.3 million).
The Fiscal Year 2004 request of $89.9 million includes
funding for laboratory equipment and improvements to the
Board's information technology infrastructure to enhance the
NTSB's investigative tools and technical competence, as well as
to improve public access to the NTSB's accident investigation,
safety recommendation, and safety promotion information. It
also includes five additional Academy positions, as well as 26
positions needed to fill shortages in mostly investigative and
technical specialty areas. The $4.8 million increase in funding
requested for Fiscal Year 2005 would maintain NTSB operations
at the Fiscal Year 2004 level.
Summary of Major Provisions
S. 2950 would provide a three year authorization for the
NTSB's general expenditures of $73.325 million in Fiscal Year
2003, $84.999 million in Fiscal Year 2004, and $89.687 million
in Fiscal Year 2005. In addition to this authorization, the
bill would allow for enough funding to maintain the NTSB
emergency fund at a level of $3 million.
The bill also would provide a three year authorization for
the NTSB Training Academy of $3.3 million in Fiscal Year 2003,
$4.8 million in Fiscal Year 2004, and $4.9 million in Fiscal
Year 2005.
The total authorization amount provided for the NTSB is $261
million over the next three fiscal years. S. 2950 would also
allow the NTSB to collect fees for the use of the Academy which
would be credited as offsetting collections and could only be
used to cover costs for the activities and services of the
Academy. The bill would also require the NTSB to report to
Congress on the progress and use of the Academy.
S. 2950 also contains a provision requiring the revision of a
Memorandum of Understanding (MOU) between the NTSB and the
Federal Bureau of Investigation (FBI) regarding assistance to
families of passengers involved in aircraft incidents. As a
result, the NTSB would not have to provide assistance to
families if the agency to which investigative priority is given
is willing and able to do the work. The FBI receives priority
in the event of intentional criminal acts and has recently
hired over 100 victims assistance staff to be responsive on
this issue.
The bill further would allow the NTSB relief from competition
requirements in contracting laws if it is necessary to expedite
an investigation. The NTSB has had several investigations where
its work was delayed because competitive bidding was required
for unique and specific work, with few capable entities. The
Department of Veterans Affairs and the Medicare Integrity
Program have exemption authority similar to the provision
provided in this legislation. The exemption would not cover
competitive requirements for non-investigative procurements,
and would require an accounting of each contract of $25,000 or
more in annual reporting. A letter from the NTSB specifically
requesting this change was sent to Senators Hollings and
McCain.
Legislative History
On June 25, 2002, the Committee on Commerce, Science, and
Transportation held a hearing on the activities of the NTSB and
its legislative reauthorization proposal.
On September 17, 2002, Senator Hollings introduced S. 2950, a
bill to authorize appropriations for the NTSB. The bill was
cosponsored by Senators McCain, Rockefeller, Hutchison, Breaux,
and Smith of Oregon.
On September 19, 2002, the Committee met in open executive
session to consider the bill. During the executive session, the
Committee approved an amendment offered by Senator Fitzgerald
that would provide for the improvement of child safety
restraints in passenger motor vehicles. The Committee ordered
the amended bill reported favorably by a voice vote.
Estimated Costs
In compliance with subsection (a)(3) of paragraph 11 of rule
XXVI of the Standing Rules of the Senate, the Committee states
that, in its opinion, it is necessary to dispense with the
requirements of paragraphs (1) and (2) of that subsection in
order to expedite the business of the Senate.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
Number of Persons Covered
S. 2950 would authorize appropriations to fund the operations
of the NTSB for Fiscal Years 2003, 2004, and 2005. The funding
levels are similar to previous years, and the number of persons
covered should be consistent with current levels.
Economic Impact
No negative impact to taxpayers is expected from the
enactment of S. 2950 as it would authorize appropriations for
the NTSB at levels similar to previous authorization levels.
The NTSB also would be authorized to collect reimbursements for
the activities and services of the NTSB Training Academy. These
fees are to be credited to the NTSB as offsetting collections.
Privacy
S. 2950 would not have an adverse effect on the personal
privacy of any individuals that would be impacted by this
legislation.
Paperwork
The Committee does not anticipate any significant increase in
paperwork burdens as a result of S. 2950.
Section-by-section Analysis
TITLE I.
SEC. 1. SHORT TITLE.
The short title of the bill is the ``National Transportation
Safety Board Reauthorization Act of 2002.''
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
This section would authorize appropriations of $73,325,000
for Fiscal Year 2003, $84,999,000 for Fiscal Year 2004, and
$89,687,000 for Fiscal Year 2005. It also would authorize
$3,000,000 for the NTSB's emergency fund. For the NTSB Academy,
this section would authorize $3,347,000 for Fiscal Year 2003,
$4,896,0000 for Fiscal Year 2004, and $4,995,000 for Fiscal
Year 2005. The Board would be authorized to collect fees for
services provided by the Academy, which would be credited as
offsetting collections to pay for such services. The Board
would be required to transmit annual reports to Congress on the
activities and operations of the Academy.
SEC. 3. ASSISTANCE TO FAMILIES OF PASSENGERS INVOLVED IN AIRCRAFT
ACCIDENTS.
In situations when the NTSB relinquishes responsibility for
the investigation of an aviation incident, this section would
allow the Board to relinquish its statutory responsibility to
assist families of passengers involved in such incidents. This
transfer is conditioned on the willingness and ability of the
other Federal agency to assume the responsibility from the
NTSB. Even after relinquishing responsibility, the Board would
assist the other Federal agency to the maximum extent
practical. This section also would require the NTSB and FBI to
revise within one year the 1977 MOU between the two agencies on
the investigation of accidents to take into account changes
made by this section. A copy of the revised MOU would be
provided to the congressional authorizing committees.
SEC. 4. RELIEF FROM CONTRACTING REQUIREMENTS FOR INVESTIGATIONS
SERVICES.
This section would allow the NTSB to enter into private
contracts or agreements without engaging in competitive bidding
if such actions are needed to expedite an investigation. It
would further require the NTSB to include an accounting for
each contract of $25,000 or more in the annual report for the
preceding year. The NTSB has indicated that, in several cases,
its investigations were delayed because it had to use
competitive bidding for what is usually unique and specific
work, with few capable entities. Similar exemption provisions
have been provided to the Department of Veterans Affairs and
the Medical Integrity Program. The exemption provision would
not cover competitive requirements for non-investigative
procurements.
TITLE II--CHILD PASSENGER SAFETY.
Title II contains the text of S. 980, known as ``Anton's
Law,'' concerning child passenger safety seats. The text of
title II was favorably reported by the Commerce Committee on
February 14, 2002 (S. Rpt. 107-937). It was passed by the
Senate on February 25, 2002, by unanimous consent. The text of
S. 980 included in this bill includes 2 revisions (sections 205
and 206) extending 2 dates by one year to account for the date
of passage.
Specifically, title II would do the following: (1) encourage
State action by providing States with financial incentives to
adopt mandatory booster seat laws by 2004; (2) modernize auto
safety by requiring automakers to install lap and shoulder belt
assemblies in all rear seating positions of passenger cars,
including the center seat position; (3) improve testing by
expanding booster seat testing to cover kids over 50 pounds;
and (4) promote safety education by extending a Federal grant
program for States to promote child passenger safety and
education.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
TITLE 49. TRANSPORTATION
SUBTITLE II. OTHER GOVERNMENT AGENCIES
CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD
SUBCHAPTER II. ORGANIZATION AND ADMINISTRATIVE
Sec. 1113. Administrative
(a) General Authority.--
(1) The National Transportation Safety Board, and
when authorized by it, a member of the Board, an
administrative law judge employed by or assigned to the
Board, or an officer or employee designated by the
Chairman of the Board, may conduct hearings to carry
out this chapter, administer oaths, and require, by
subpena or otherwise, necessary witnesses and evidence.
(2) A witness or evidence in a hearing under
paragraph (1) of this subsection may be summoned or
required to be produced from any place in the United
States to the designated place of the hearing. A
witness summoned under this subsection is entitled to
the same fee and mileage the witness would have been
paid in a court of the United States.
(3) A subpena shall be issued under the signature of
the Chairman or the Chairman's delegate but may be
served by any person designated by the Chairman.
(4) If a person disobeys a subpena, order, or
inspection notice of the Board, the Board may bring a
civil action in a district court of the United States
to enforce the subpena, order, or notice. An action
under this paragraph may be brought in the judicial
district in which the person against whom the action is
brought resides, is found, or does business. The court
may punish a failure to obey an order of the court to
comply with the subpena, order, or notice as a contempt
of court.
(b) Additional Powers.--
(1) The Board may--
(A) procure the temporary or intermittent
services of experts or consultants under
section 3109 of title 5;
(B) make agreements and other transactions
necessary to carry out this chapter without
regard to section 3709 of the Revised [Statutes
(41 U.S.C. 5);] Statutes, and, for
investigations conducted under section 1131,
enter into such agreements or contracts without
regard to any other provision of law requiring
competition if necessary to expedite the
investigation;
(C) use, when appropriate, available
services, equipment, personnel, and facilities
of a department, agency, or instrumentality of
the United States Government on a reimbursable
or other basis;
(D) confer with employees and use services,
records, and facilities of State and local
governmental authorities;
(E) appoint advisory committees composed of
qualified private citizens and officials of the
Government and State and local governments as
appropriate;
(F) accept voluntary and uncompensated
services not with standing another law;
(G) accept gifts of money and other
property;
(H) make contracts with nonprofit entities
to carry out studies related to duties and
powers of the Board; and
(I) negotiate and enter into agreements with
individuals and private entities and
departments, agencies, and instrumentalities of
the Government, State and local governments,
and governments of foreign countries for the
provision of facilities, accident-related and
technical services or training in accident
investigation theory and techniques, and
require that such entities provide appropriate
consideration for the reasonable costs of any
facilities, goods, services, or training
provided by the Board.
(2) The Board shall deposit in the Treasury amounts
received under paragraph (1)(I) of this subsection to
be credited as offsetting collections to the
appropriation of the Board. The Board shall maintain an
annual record of collections received under paragraph
(1)(I) of this subsection.
(3) The Board, as a component of its annual report under
section 1117, shall include an enumeration of each contract for
$25,000 or more executed under this section during the
preceding calendar year.
(c) Submission of Certain Copies to Congress.--When the Board
submits to the President or the Director of the Office of
Management and Budget a budget estimate, budget request,
supplemental budget estimate, other budget information, a
legislative recommendation, prepared testimony for
congressional hearings, or comments on legislation, the Board
must submit a copy to Congress at the same time. An officer,
department, agency, or instrumentality of the Government may
not require the Board to submit the estimate, request,
information, recommendation, testimony, or comments to another
officer, department, agency, or instrumentality of the
Government for approval, comment, or review before being
submitted to Congress.
(d) Liaison Committees.--The Chairman may determine the
number of committees that are appropriate to maintain effective
liaison with other departments, agencies, and instrumentalities
of the Government, State and local governmental authorities,
and independent standard-setting authorities that carry out
programs and activities related to transportation safety. The
Board may designate representatives to serve on or assist those
committees.
(e) Inquiries.--The Board, or an officer or employee of the
Board designated by the Chairman, may conduct an inquiry to
obtain information related to transportation safety after
publishing notice of the inquiry in the Federal Register. The
Board or designated officer or employee may require by order a
department, agency, or instrumentality of the Government, a
State or local governmental authority, or a person transporting
individuals or property in commerce to submit to the Board a
written report and answers to requests and questions related to
a duty or power of the Board. The Board may prescribe the time
within which the report and answers must be given to the Board
or to the designated officer or employee. Copies of the report
and answers shall be made available for public inspection.
(f) Regulations.--The Board may prescribe regulations to
carry out this chapter.
(g) Overtime Pay.--
(1) In general.--Subject to the requirements of this
section and notwithstanding paragraphs (1) and (2) of
section 5542(a) of title 5, for an employee of the
Board whose basic pay is at a rate which equals or
exceeds the minimum rate of basic pay for GS-10 of the
General Schedule, the Board may establish an overtime
hourly rate of pay for the employee with respect to
work performed at the scene of an accident (including
travel to or from the scene) and other work that is
critical to an accident investigation in an amount
equal to one and one-half times the hourly rate of
basic pay of the employee. All of such amount shall be
considered to be premium pay.
(2) Limitation on overtime pay to an employee.--An
employee of the Board may not receive overtime pay
under paragraph (1), for work performed in a calendar
year, in an amount that exceeds 15 percent of the
annual rate of basic pay of the employee for such
calendar year.
(3) Limitation on total amount of overtime pay.--The
Board may not make overtime payments under paragraph
(1) for work performed in any fiscal year in a total
amount that exceeds 1.5 percent of the amount
appropriated to carry out this chapter for that fiscal
year.
(4) Basic pay defined.--In this subsection, the term
``basic pay'' includes any applicable locality-based
comparability payment under section 5304 of title 5 (or
similar provision of law) and any special rate of pay
under section 5305 of title 5 (or similar provision of
law).
(5) Annual report.--Not later than January 31, 2002,
and annually thereafter, the Board shall transmit to
the Senate Committee on Commerce, Science, and
Transportation and the House Transportation and
Infrastructure Committee a report identifying the total
amount of overtime payments made under this subsection
in the preceding fiscal year, and the number of
employees whose overtime pay under this subsection was
limited in that fiscal year as a result of the 15
percent limit established by paragraph (2).
Sec. 1118. Authorization of appropriations
(a) In General.--There are authorized to be appropriated for
the purposes of this chapter $57,000,000 for fiscal year 2000,
$65,000,000 for fiscal year 2001, [and] $72,000,000 for fiscal
year 2002, [such sums to] $73,325,000 for fiscal year 2003,
$84,999,000 for fiscal year 2004, and $89,687,000 for fiscal
year 2005. Such sums shall remain available until expended.
(b) Emergency Fund.--The Board has an emergency fund of
$2,000,000 available for necessary expenses of the Board, not
otherwise provided for, for accident investigations. [Amounts
equal to the amounts expended annually out of the fund are
authorized to be appropriated to the emergency fund.] 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 $3,000,000.
(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, and $4,995,000
for fiscal year 2005. 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 paragraph--
(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.
SUBCHAPTER III. AUTHORITY
Sec. 1136. Assistance to families of passengers involved in aircraft
accidents
(a) In General.--As soon as practicable after being notified
of an aircraft accident within the United States involving an
air carrier or foreign air carrier and resulting in a major
loss of life, the Chairman of the National Transportation
Safety Board shall--
(1) designate and publicize the name and phone number
of a director of family support services who shall be
an employee of the Board and shall be responsible for
acting as a point of contact within the Federal
Government for the families of passengers involved in
the accident and a liaison between the air carrier or
foreign air carrier and the families; and
(2) designate an independent nonprofit organization,
with experience in disasters and post-trauma
communication with families, which shall have primary
responsibility for coordinating the emotional care and
support of the families of passengers involved in the
accident.
(b) Responsibilities of the Board.--The Board shall have
primary Federal responsibility for facilitating the recovery
and identification of fatally-injured passengers involved in an
accident described in subsection (a).
(c) Responsibilities of Designated Organization.--The
organization designated for an accident under subsection (a)(2)
shall have the following responsibilities with respect to the
families of passengers involved in the accident:
(1) To provide mental health and counseling services,
in coordination with the disaster response team of the
air carrier or foreign air carrier involved.
(2) To take such actions as may be necessary to
provide an environment in which the families may grieve
in private.
(3) To meet with the families who have traveled to
the location of the accident, to contact the families
unable to travel to such location, and to contact all
affected families periodically thereafter until such
time as the organization, in consultation with the
director of family support services designated for the
accident under subsection (a)(1), determines that
further assistance is no longer needed.
(4) To communicate with the families as to the roles
of the organization, government agencies, and the air
carrier or foreign air carrier involved with respect to
the accident and the post-accident activities.
(5) To arrange a suitable memorial service, in
consultation with the families.
(d) Passenger Lists.--
(1) Requests for passenger lists.--
(A) Requests by director of family support
services.--It shall be the responsibility of
the director of family support services
designated for an accident under subsection
(a)(1) to request, as soon as practicable, from
the air carrier or foreign air carrier involved
in the accident a list, which is based on the
best available information at the time of the
request, of the names of the passengers that
were aboard the aircraft involved in the
accident.
(B) Requests by designated organization.--
The organization designated for an accident
under subsection (a)(2) may request from the
air carrier or foreign air carrier involved in
the accident a list described in subparagraph
(A).
(2) Use of information.--The director of
family support services and the organization
may not release to any person information on a
list obtained under paragraph (1) but may
provide information on the list about a
passenger to the family of the passenger to the
extent that the director of family support
services or the organization considers
appropriate.
(e) Continuing Responsibilities of the Board.--In the course
of its investigation of an accident described in subsection
(a), the Board shall, to the maximum extent practicable, ensure
that the families of passengers involved in the accident--
(1) are briefed, prior to any public briefing, about
the accident, its causes, and any other findings from
the investigation; and
(2) are individually informed of and allowed to
attend any public hearings and meetings of the Board
about the accident.
(f) Use of Air Carrier Resources.--To the extent practicable,
the organization designated for an accident under subsection
(a)(2) shall coordinate its activities with the air carrier or
foreign air carrier involved in the accident so that the
resources of the carrier can be used to the greatest extent
possible to carry out the organization's responsibilities under
this section.
(g) Prohibited Actions.--
(1) Actions to impede the board.--No person
(including a State or political subdivision) may impede
the ability of the Board (including the director of
family support services designated for an accident
under subsection (a)(1)), or an organization designated
for an accident under subsection (a)(2), to carry out
its responsibilities under this section or the ability
of the families of passengers involved in the accident
to have contact with one another.
(2) Unsolicited communications.--In the event
of an accident involving an air carrier
providing interstate or foreign air
transportation and in the event of an accident
involving a foreign air carrier that occurs
within the United States, no unsolicited
communication concerning a potential action for
personal injury or wrongful death may be made
by an attorney (including any associate, agent,
employee, or other representative of an
attorney) or any potential party to the
litigation to an individual injured in the
accident, or to a relative of an individual
involved in the accident, before the 45th day
following the date of the accident.
(3) Prohibition on actions to prevent mental health
and counseling services.--No State or political
subdivision thereof may prevent the employees, agents,
or volunteers of an organization designated for an
accident under subsection (a)(2) from providing mental
health and counseling services under subsection (c)(1)
in the 30-day period beginning on the date of the
accident. The director of family support services
designated for the accident under subsection (a)(1) may
extend such period for not to exceed an additional 30
days if the director determines that the extension is
necessary to meet the needs of the families and if
State and local authorities are notified of the
determination.
(h) Definitions.--In this section, the following definitions
apply:
(1) Aircraft accident.--The term ``aircraft
accident'' means any aviation disaster regardless of
its cause or suspected cause.
(2) Passenger.--The term ``passenger'' includes--
(A) an employee of an air carrier or foreign
air carrier aboard an aircraft; and
(B) any other person aboard the aircraft
without regard to whether the person paid for
the transportation, occupied a seat, or held a
reservation for the flight.
(i) Statutory construction.--Nothing in this section may be
construed as limiting the actions that an air carrier may take,
or the obligations that an air carrier may have, in providing
assistance to the families of passengers involved in an
aircraft accident.
(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.
TITLE 23, UNITED STATES CODE
HIGHWAYS
CHAPTER 4. HIGHWAY SAFETY
Sec. 412. Grant program for improving child passenger safety programs
(a) Standards and Requirements Regarding Child Restraint
Laws.--Not later than October 1, 2003, the Secretary shall
establish appropriate criteria applicable to child restraint
laws for purposes of eligibility for grants under this section.
The criteria shall be consistent with the provisions of Anton's
Law.
(b) Requirement To Make Grants.--
(1) In general.--The Secretary shall make a grant to
each State and Indian tribe that, as determined by the
Secretary, has a child restraint law in effect on
September 30, 2004.
(2) Limitation on number of grants.--Not more than
one grant may be made to a State or Indian tribe under
this section.
(3) Commencement.--The requirement in paragraph (1)
shall commence on October 1, 2004.
(c) Grant Amount.--The amount of the grant to a State or
Indian tribe under this section shall be the amount equal to
five times the amount provided to the State or Indian tribe, as
the case may be, under section 2003(b)(7) of the Transportation
Equity Act for the 21st Century (23 U.S.C. 405 note) in fiscal
year 2003.
(d) Use of Grant Amounts.--
(1) In general.--A State or Indian tribe shall use
any amount received by the State or Indian tribe, as
the case may be, under this section to carry out child
passenger protection programs for children under the
age of 16 years, including programs for purposes as
follows:
(A) To educate the public concerning the
proper use and installation of child
restraints, including booster seats.
(B) To train and retain child passenger
safety professionals, police officers, fire and
emergency medical personnel, and educators
concerning all aspects of the use of child
restraints.
(C) To provide child restraint systems,
including booster seats and the hardware needed
for their proper installation, to families that
cannot otherwise afford such systems.
(D) To support enforcement of the child
restraint law concerned.
(2) Limitation on federal share.--The Federal share
of the cost of a program under paragraph (1) that is
carried out using amounts from a grant under this
section may not exceed 80 percent of the cost of the
program.
(e) Administrative Expenses.--The amount of administrative
expenses under this section in any fiscal year may not exceed
the amount equal to five percent of the amount available for
making grants under this section in the fiscal year.
(f) Applicability of Chapter 1.--The provisions of section
402(d) of this title shall apply to funds authorized to be
appropriated to make grants under this section as if such funds
were highway safety funds authorized to be appropriated to
carry out section 402 of this title.
(g) Definitions.--In this section:
(1) Child restraint law.--The term ``child restraint
law'' means a law that--
(A) satisfies standards established by the
Secretary under Anton's Law for the proper
restraint of children who are over the age of 3
years or who weigh at least 40 pounds;
(B) prescribes a penalty for operating a
passenger motor vehicle in which any occupant
of the vehicle who is under the age of 16 years
is not properly restrained in an appropriate
restraint system (including seat belts, booster
seats used in combination with seat belts, or
other child restraints); and
(C) meets any criteria established by the
Secretary under subsection (a) for purposes of
this section.
(2) Passenger motor vehicle.--The term ``passenger
motor vehicle'' has the meaning given that term in
section 405(f)(5) of this title.
(3) State.--The term ``State'' has the meaning given
in section 101 of this title and includes any Territory
or possession of the United States.
TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY
SEC. 2003. OCCUPANT PROTECTION.
* * * * * * *
(b) Child Passenger Protection Education Grants.--
(1) In general.--The Secretary may make a grant to a
State that submits an application, in such form and
manner as the Secretary may prescribe, that is approved
by the Secretary to carry out the activities specified
in paragraph (2) through--
(A) the child passenger protection program
of the State; and
(B) at the option of the State, a grant
program established by the State to carry out 1
or more of the activities specified in
paragraph (2) by a political subdivision of the
State or an appropriate private entity.
(2) Use of funds. Funds provided to a State as a
grant under this subsection shall be used to implement
child passenger protection programs that--
(A) are designed to prevent deaths and
injuries to children;
(B) educate the public concerning--
(i) all aspects of the proper
installation of child restraints using
standard seatbelt hardware,
supplemental hardware, and modification
devices (if needed), including special
installation techniques;
(ii) appropriate child restraint
design, selection, and placement; and
(iii) harness threading and harness
adjustment on child restraints; and
(C) train and retrain child passenger safety
professionals, police officers, fire and
emergency medical personnel, and other
educators concerning all aspects of child
restraint use.
(3) Grant awards.--The Secretary may make a grant
under this subsection without regard to whether a State
is eligible to receive, or has received, a grant under
section 405 of title 23, United States Code (as
inserted by subsection (a) of this section).
(4) Federal share.--The Federal share of the cost of
a program carried out using funds made available from a
grant under this subsection may not exceed 80 percent.
(5) Report.--Each State that receives a grant
under this subsection shall transmit to the
Secretary a report for the period covered by
the grant that, at a minimum, describes the
program activities carried out with the funds
made available under the grant.
(6) Report to Congress.--Not later than June
1, 2002, the Secretary shall transmit to
Congress a report on the implementation of this
subsection that includes a description of the
programs carried out and materials developed
and distributed by the States that receive
grants under this subsection.
(7) Authorization of appropriations.--There
is authorized to be appropriated to carry out
this subsection $7,500,000 for each of fiscal
years 2000 [and 2001.] through 2004.