[Senate Report 108-53]
[From the U.S. Government Publishing Office]
Calendar No. 112
108th Congress Report
1st Session SENATE 108-53
_______________________________________________________________________
NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF 2003
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 579
May 22, 2003.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eighth congress
first session
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
FRANK LAUTENBERG, New Jersey
Jeanne Bumpus, Staff Director and General Counsel
Ann Begeman, Deputy Staff Director
Robert W. Chamberlin, Chief Counsel
Kevin D. Kayes, Democratic Staff Director
Gregg Elias, Democratic General Counsel
Calendar No. 112
108th Congress Report
SENATE
1st Session 108-53
======================================================================
NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF 2003
_______
May 22, 2003.--Ordered to be printed
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 579]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 579) ``A Bill To reauthorize
the National Transportation Safety Board, and for other
purposes'', having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of this bill, S. 579, the National Transportation
Safety Board Reauthorization Act of 2003, as reported, is to
authorize appropriations for the National Transportation Safety
Board for Fiscal Years (FY) 2003, 2004, 2005, and 2006, and for
other purposes.
Background and Needs
The National Transportation Safety Board (NTSB or Board), was
established as an independent agency in 1974 when it was
removed from the Department of Transportation (DOT). The NTSB
is charged with determining the probable cause of
transportation accidents and promoting transportation safety.
The Board investigates accidents in all modes of
transportation, 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 occurring in
other transportation modes.
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 it believes should be taken to prevent
accidents. It is a unique agency in that its views and
decisions on safety are separated from regulatory
responsibilities, which are vested with other agencies.
The Board also serves as the ``court of appeal'' for airmen,
aviation 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.
Since 1967, the Board has investigated more than 114,000
aviation accidents, and at least 10,000 additional accidents in
other modes of transportation. The NTSB also investigates
accidents involving hazardous material transportation and is
the sole U.S. accredited representative authorized 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 Board 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
(for example, in the case of 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 that the FAA investigate non-fatal aviation accidents.
Other Federal agencies or States 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
reauthorization along with two statutory changes. While the
Senate passed an NTSB reauthorization proposal, S. 2950, during
the 107th Congress, the House of Representatives failed to act
on the bill. Subsequently, in the 108th Congress, both chambers
passed, and the President signed, the Consolidated
Appropriations Resolution FY 2003 (P.L. 108-007). Included in
that legislation was an appropriation of $72 million for the
NTSB for FY 2003. To ensure that no gaps exist in fiscal year
authorization funding levels, S. 579 would provide an
authorization for FY 2003 as well as for the next three fiscal
years, through FY 2006.
With regard to the statutory changes requested by the NTSB,
the first involves the NTSB's investigative priority for major
marine accidents, and the second concerns its responsibility
for family assistance in transportation incidents resulting
from intentional criminal acts. The Coast Guard and the NTSB
reached an agreement on the issue of marine accident
investigations on September 13, 2002, obviating the need for
legislation on that issue. A family assistance provision is
included in S. 579.
The NTSB's reauthorization request includes funding for
operating expenses and for the cost of running the NTSB
training academy. The following table shows the NTSB's FY 2003
appropriations level and the authorization levels requested by
the NTSB for FYs 2004-2006.
FY 2003 Appropriation and FYs 2004-2006 Authorization Request
(IN MILLIONS)
----------------------------------------------------------------------------------------------------------------
FY 2003 FY 2005 FY 2006
Appropriation FY 2004 Request Request Request
----------------------------------------------------------------------------------------------------------------
Salaries and Expenses $72.0 $78.8 $83.0 $87.5
Academy * $4.9 $5.0 $5.2
Total $72.0 $83.7 $88.0 $92.76601
----------------------------------------------------------------------------------------------------------------
* The appropriations Act
did not differentiate
between salaries and
academy funding.
The NTSB's FY 2004 reauthorization request of $83.7 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 investigative and technical
specialty areas. The $4.3 million increase in funding requested for FY 2005
would maintain NTSB operations at the FY 2004 level. The President's FY
2004 budget submission requested $71.5 million for the NTSB, slightly below
the appropriated level in FY 2003.
Summary of Provisions
S. 579 would provide a four-year authorization for the NTSB's general
expenditures of $73.325 million in FY 2003, $78.757 million in FY 2004,
$83.011 million in FY 2005, and $87.539 million in FY 2006. In addition to
this authorization of funding, the bill would allow for sufficient funding
to maintain the NTSB emergency fund at a level of $3 million.
The bill also would provide a four-year authorization for the NTSB
Training Academy of $3.347 million in FY 2003, $4.896 million in FY 2004,
$4.995 million in FY 2005, and $5.200 million in FY 2006.
The total authorization amount that would be provided for the NTSB is
$322 million over the four fiscal years. S. 579 also would 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 require the NTSB to
report to Congress on the progress and use of the Academy.
S. 579 would provide that in situations when the NTSB relinquishes
responsibility for the investigation of an aviation incident, as in the
case of an intentional criminal act, the NTSB would be allowed to forgo its
statutory responsibility to assist families of passengers involved in such
incidents. However, this transfer is conditioned on the willingness and
ability of another Federal agency to assume the responsibility from the
NTSB. Even after relinquishing responsibility, the Board would be expected
to assist the other Federal agency to the maximum extent practicable. The
Federal Bureau of Investigations (FBI) currently 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 section also
would require the NTSB and FBI to revise, within one year of enactment, the
1977 Memorandum of Understanding (MOU) between the two agencies on the
investigation of accidents to take into account changes made by this bill.
The Committee supports the NTSB's request for a statutory change to the
Board's responsibility to provide assistance to families of passengers
involved in aircraft accidents resulting from intentional criminal acts.
Current law triggers the NTSB's family affairs response irrespective of the
suspected cause of the accident. This is necessary to provide family
assistance without any delay due to uncertainty about which agency will
lead the investigation. Although the NTSB Amendments Act of 2000 (P.L. 106-
424) establisheda mechanism for the transfer of investigative priority from
the NTSB to the FBI in the event of an accident caused by an
intentional criminal act, no mechanism for the transfer of family
affairs responsibility was requested or provided.
Based on the events of September 11, 2001, the NTSB believes
that such a mechanism is needed. The NTSB believes that, if
investigative responsibility is transferred to the FBI, the
responsibility for family assistance should be transferred as
well. The rationale being that when the FBI has investigative
priority, the site of the crash is considered a crime scene and
access to the scene and release of information about the
investigation are much more restricted than when the NTSB has
investigative priority.
According to the NTSB, since September 11, 2001, the FBI has
recognized the need to have a stronger program to respond to
victims for events of this magnitude. In January 2002, the
Director of the FBI announced a reorganization of the Office of
Victims Assistance (OVA). The new Program Director of OVA is
responsible for designing a program to work with the NTSB and
other agencies to support victims in terrorist and criminal
events resulting in mass fatalities. This should provide the
necessary infrastructure for the FBI to assume the NTSB's
family assistance responsibilities in the event of an aircraft
accident caused by an intentional criminal act.
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 able to
provide the needed expertise. 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. The
Committee ordered the amended bill reported favorably on
September 30, 2002, by a voice vote. S. 2950 was passed by the
full Senate on November 11, 2002, however the bill was not
considered by the House of Representatives before the 107th
Session of Congress expired.
On March 7, 2003, Senator McCain introduced S. 579, a bill to
authorize appropriations for the NTSB, which is essentially
identical to legislation reported by the Committee during the
107th Congress. The bill was cosponsored by Senators Hollings,
Lott, Rockefeller, and Hutchison. The bill was reported
favorably by the Committee without amendments on March 13,
2003.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 579--National Transportation Safety Board Reauthorization Act of
2003
Summary: The National Transportation Safety Board (NTSB)
investigates every civil aviation accident and significant
accidents in other modes of transportation. Over the 2003-2006
period, S. 579 would authorize the appropriation of $270
million for NTSB activities and its training academy. The bill
also would authorize the appropriation of amounts necessary for
the agency to maintain an emergency fund of $3 million at all
times.
Assuming appropriation of amounts authorized by the bill,
CBO estimates that implementing S. 579 would cost $270 million
over the 2003-2008 period. Enacting the bill would not affect
direct spending or revenues.
S. 579 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 579 is shown in the following table. The
costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2003 2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
NTSB spending under current law:
Budget authority \1\.................................. 72 0 0 0 0 0
Estimated outlays..................................... 70 7 0 0 0 0
Proposed changes:
Authorization level................................... 6 84 88 93 0 0
Estimated outlays..................................... 4 76 88 93 9 0
NTSB spending under S. 579:
Authorization level................................... 78 84 88 93 0 0
Estimated outlays..................................... 74 83 88 93 9 0
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated thus far for that year for the National Transportation Safety
Board.
Basis of estimate
For this estimate, CBO assumes that S. 579 will be enacted
in fiscal year 2003 and that the authorized amounts will be
appropriated for each year. Estimates of spending are based on
information from NTSB and historical spending patterns for
these programs.
NTSB and its Academy
For fiscal year 2003, S. 579 would authorize the
appropriation of $77 million. Because $72 million has already
been appropriated for these activities in 2003, CBO estimates
that implementing this provision of the bill would require
appropriation of an additional $5 million. CBO assumes that the
additional budget authority would be provided in a supplemental
appropriations act in 2003. Over the 2004-2006 period, the bill
would authorize the appropriation of $265 million for the NTSB.
Emergency fund
Current law authorizes the appropriation of amounts
necessary to maintain balances in the emergency fund of $2
million. S. 579 would increase this authorization to $3
million. (The emergency fund currently has a balance of about
$1.5 million.) Implementing this provision of S. 579 would cost
1 million in 2003.
NTSB does not use the emergency fund on a regular basis,
and CBO does not estimate any outlays from the fund over the
2003-2008 period. Consequently, we estimate that the emergency
fund would not require any additional appropriations to
maintain the funds at $3 million over the next five years.
Intergovernmental and private-sector impact: S. 579
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal costs: Rachel Milberg; impact
on state, local, and tribal governments: Greg Waring; impact on
the private sector: Jean Talarico.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
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. 579 would authorize appropriations to fund the operations
of the NTSB for Fiscal Years 2003, 2004, 2005, and 2006. 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. 579 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. 579 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. 579.
Section-by-Section Analysis
Sec. 1. Short title
The short title of the bill is the ``National Transportation
Safety Board Reauthorization Act of 2003.''
Sec. 2. Authorization of appropriations
This section would authorize appropriations of $73,325,000
for Fiscal Year 2003, $78,757,000 for Fiscal Year 2004,
$83,011,000 for Fiscal Year 2005, and $87,539,000 for Fiscal
Year 2006. 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, $4,896,000 for
Fiscal Year 2004, $4,995,000 for Fiscal Year 2005, and
$5,200,000 for Fiscal Year 2006. 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 also 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. The NTSB Amendments Act of 2000 (P.L. 106-424)
established a mechanism for the transfer of investigation
priority from the NTSB to the FBI in the event of an accident
caused by an intentional criminal act. This section would
establish a mechanism for the Board to transfer its family
assistance responsibilities under the same circumstances. 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 involved in the bidding
process. 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.
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, United States Code
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;] 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; and
(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 notwithstanding 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,
$78,757,000 for fiscal year 2004, $83,011,000 for fiscal year
2005, and $87,539,000 for fiscal year 2006. Such sums shall
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, $4,995,000 for
fiscal year 2005, and $5,200,000 for fiscal year 2006.
Such sums shall remain available until expended.
(2) Fees.--The Board may impose and collect such fees
as it determines to be appropriate for services
provided by or through the Academy.
(3) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, any fee
collected under this 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 posttrauma
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.