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19–010

" SENATE ! 107th Congress 

2d Session 

REPORT

2002

107–311

Calendar No. 699

NATIONAL TRANSPORTATION SAFETY 

BOARD REAUTHORIZATION ACT OF 2002

REPORT

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION

on

S. 2950

congress.#13

OCTOBER 10, 2002.—Ordered to be printed 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED SEVENTH CONGRESS

SECOND SESSION

ERNEST F. HOLLINGS, South Carolina, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

JOHN B. BREAUX, Louisiana 

BYRON L. DORGAN, North Dakota 

RON WYDEN, Oregon 

MAX CLELAND, Georgia 

BARBARA BOXER, California 

JOHN EDWARDS, North Carolina 

JEAN CARNAHAN, Missouri 

BILL NELSON, Florida 

JOHN McCAIN, Arizona 

TED STEVENS, Alaska 

CONRAD BURNS, Montana 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

SAM BROWNBACK, Kansas 

GORDON SMITH, Oregon 

PETER G. FITZGERALD, Illinois 

JOHN ENSIGN, Nevada 

GEORGE ALLEN, Virginia 

KEVIN D. KAYES, Staff Director 

MOSES BOYD, Chief Counsel 

GREGG ELIAS, General Counsel 

JEANNE BUMPUS, Republican Staff Director and General Counsel 

ANN BEGEMAN, Republican Deputy Staff Director 

ROBERT W. CHAMBERLIN, Republican Chief Counsel 

(II) 

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. 

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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 ‘‘goteam’’ 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. 

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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. 

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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. 

5

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. 

6

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): 

7

TITLE 49. TRANSPORTATION 

SUBTITLE II. OTHER GOVERNMENT AGENCIES

CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER II. ORGANIZATION AND ADMINISTRATIVE

§ 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 øStatutes (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; 

8

(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. 

9

(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). 

§ 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, øand¿ $72,000,000 for fiscal year 

2002, øsuch 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. øAmounts 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 TransporVerDate Mar 21 2002 06:08 Oct 13, 2002 Jkt 005300 PO 00000 Frm 00011 Fmt 6659 Sfmt 6603 E:\WAISREPT\SR311.107 txed01 PsN: PFRM67
10

tation 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

§ 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 

11

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 SERV- ICES.—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. 

12

(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.

13

TITLE 23, UNITED STATES CODE 

HIGHWAYS

CHAPTER 4. HIGHWAY SAFETY

§ 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 

14

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 

15

(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 øand 2001.¿

through 2004.

Æ