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[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.

                                
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