[Congressional Record Volume 148, Number 71 (Tuesday, June 4, 2002)]
[House]
[Pages H3084-H3089]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF 2002
Mr. MICA. Mr. Speaker, I move to suspend the rules and pass the bill
[[Page H3085]]
(H.R. 4466) 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, as amended.
The Clerk read as follows:
H.R. 4466
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Transportation
Safety Board Reauthorization Act of 2002''.
TITLE I--NTSB REAUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Years 2003-2005.--Section 1118(a) of title 49,
United States Code, is amended--
(1) by striking ``and''; and
(2) by striking ``such sums to'' and inserting the
following: ``$73,325,000 for fiscal year 2003, $84,999,000
for fiscal year 2004, and $89,687,000 for fiscal year 2005.
Such sums shall''.
(b) Emergency Fund.--Section 1118(b) of such title is
amended by striking the second sentence and inserting the
following: ``In addition, there are authorized to be
appropriated such sums as may be necessary to increase the
fund to, and maintain the fund at, a level of not to exceed
$6,000,000.''.
(c) NTSB Academy.--Section 1118 of such title is amended by
adding at the end the following:
``(c) Academy.--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.''.
SEC. 102. ACCIDENT AND SAFETY DATA CLASSIFICATION AND
PUBLICATION.
Section 1119 of title 49, United States Code, is amended by
adding at the end the following:
``(c) Appeals.--
``(1) Notification of rights.--In any case in which an
employee of the Board determines that an occurrence
associated with the operation of an aircraft constitutes an
accident, the employee shall notify the owner or operator of
that aircraft of the right to appeal that determination to
the Board.
``(2) Procedure.--The Board shall establish and publish the
procedures for appeals under this subsection.
``(3) Limitation on applicability.--This subsection shall
not apply in the case of an accident that results in a loss
of life.''.
SEC. 103. SECRETARY OF TRANSPORTATION'S RESPONSES TO SAFETY
RECOMMENDATIONS.
Section 1135(d) of title 49, United States Code, is amended
to read as follows:
``(d) Reporting Requirements.--
``(1) Annual secretarial regulatory status reports.--On
February 1 of each year, the Secretary shall submit a report
to Congress and the Board containing the regulatory status of
each significant safety recommendation made by the Board to
the Secretary (or to an Administration within the
Department). The Secretary shall continue to report on the
regulatory status of each such recommendation in the report
due on February 1 of subsequent years until final regulatory
action is taken on that recommendation or the Secretary (or
an Administration within the Department) determines and
states in such a report that no action should be taken.
``(2) Failure to report.--If on March 1 of each year the
Board has not received the Secretary's report required by
this subsection, the Board shall notify the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of the Secretary's failure to
submit the required report.
``(3) Significant safety recommendation defined.--For the
purposes of this subsection, the term `significant safety
recommendation' means a recommendation included in the
Board's `most wanted list'.
``(4) Termination.--This subsection shall cease to be in
effect after the report required to be filed on February 1,
2007, is filed.''.
SEC. 104. ASSISTANCE TO FAMILIES OF PASSENGERS INVOLVED IN
AIRCRAFT ACCIDENTS.
(a) Relinquishment of Investigative Priority.--Section 1136
of title 49, United States Code, is amended by adding at the
end the following:
``(j) Relinquishment of Investigative Priority.--
``(1) General rule.--This section (other than subsection
(g)) shall not apply to an aircraft accident if the Board has
relinquished investigative priority under section
1131(a)(2)(B) and the Federal agency to which the Board
relinquished 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.''.
(b) Revision of MOU.--Not later than 1 year after the date
of enactment of this Act, the National Transportation Safety
Board and the Federal Bureau of Investigation shall revise
their 1977 agreement on the investigation of accidents to
take into account the amendments made by this section and
title II and shall submit a copy of the revised agreement to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
SEC. 105. TECHNICAL AMENDMENTS.
Section 1131(a)(2) of title 49, United States Code, is
amended by moving subparagraphs (B) and (C) 4 ems to the
left.
SEC. 106. ADVERSE EFFECTS OF CARRY-ON BAGGAGE.
(a) Study.--The National Transportation Safety Board shall
conduct a study to identify the adverse effects, including
passenger injuries or other safety problems, associated with
carry-on baggage stored in overhead bins aboard passenger
aircraft and sufficient ways to deal with such problems.
(b) Report.--Not later than 6 months after the date of
enactment of this Act, the Board shall report to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the results of the study.
TITLE II--RAILROAD FAMILY ASSISTANCE
SEC. 201. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD
TO FAMILIES OF PASSENGERS INVOLVED IN RAIL
PASSENGER ACCIDENTS.
(a) In General.--Subchapter III of chapter 11 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 1138. Assistance to families of passengers involved in
rail passenger accidents
``(a) In General.--As soon as practicable after being
notified of a rail passenger accident within the United
States involving a rail passenger 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 rail passenger 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--
``(1) facilitating the recovery and identification of
fatally injured passengers involved in an accident described
in subsection (a); and
``(2) communicating with the families of passengers
involved in the accident as to the roles of--
``(A) the organization designated for an accident under
subsection (a)(2);
``(B) Government agencies; and
``(C) the rail passenger carrier involved,
with respect to the accident and the post-accident
activities.
``(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 rail
passenger 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 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 rail passenger
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 rail
passenger carrier's train involved in the accident. A rail
passenger carrier shall use reasonable efforts, with respect
to its unreserved trains, and passengers not holding
reservations on its other trains, to ascertain the names of
passengers aboard a train involved in an accident.
``(B) Requests by designated organization.--The
organization designated for an accident under subsection
(a)(2) may request from the rail passenger carrier involved
in
[[Page H3086]]
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 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 Rail Passenger Carrier Resources.--To the
extent practicable, the organization designated for an
accident under subsection (a)(2) shall coordinate its
activities with the rail passenger carrier involved in the
accident to facilitate the reasonable use of the resources of
the carrier.
``(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.--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 (other than an employee of the
rail passenger carrier) 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 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) Rail passenger accident.--The term `rail passenger
accident' means any rail passenger disaster occurring in the
provision of--
``(A) interstate intercity rail passenger transportation
(as such term is defined in section 24102); or
``(B) interstate or intrastate high-speed rail (as such
term is defined in section 26105) transportation,
regardless of its cause or suspected cause.
``(2) Rail passenger carrier.--The term `rail passenger
carrier' means a rail carrier providing--
``(A) interstate intercity rail passenger transportation
(as such term is defined in section 24102); or
``(B) interstate or intrastate high-speed rail (as such
term is defined in section 26105) transportation,
except that such term shall not include a tourist, historic,
scenic, or excursion rail carrier.
``(3) Passenger.--The term `passenger' includes--
``(A) an employee of a rail passenger carrier aboard a
train;
``(B) any other person aboard the train without regard to
whether the person paid for the transportation, occupied a
seat, or held a reservation for the rail transportation; and
``(C) any other person injured or killed in the accident.
``(i) Limitation on Statutory Construction.--Nothing in
this section may be construed as limiting the actions that a
rail passenger carrier may take, or the obligations that a
rail passenger carrier may have, in providing assistance to
the families of passengers involved in a rail passenger
accident.
``(j) Relinquishment of Investigative Priority.--
``(1) General rule.--This section (other than subsection
(g)) shall not apply to a railroad 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
a railroad accident because the Board has relinquished
investigative priority with respect to the accident, the
Board shall assist, to the maximum extent possible, the
agency to which the Board has relinquished investigative
priority in assisting families with respect to the
accident.''.
(b) Conforming Amendment.--The table of sections for such
chapter is amended by inserting after the item relating to
section 1137 the following:
``1138. Assistance to families of passengers involved in rail passenger
accidents.''.
SEC. 202. RAIL PASSENGER CARRIER PLANS TO ADDRESS NEEDS OF
FAMILIES OF PASSENGERS INVOLVED IN RAIL
PASSENGER ACCIDENTS.
(a) In General.--Part C of subtitle V of title 49, United
States Code, is amended by adding at the end the following
new chapter:
``CHAPTER 251--FAMILY ASSISTANCE
``Sec.
``25101. Plans to address needs of families of passengers involved in
rail passenger accidents.
``Sec. 25101. Plans to address needs of families of
passengers involved in rail passenger accidents
``(a) Submission of Plans.--Not later than 6 months after
the date of the enactment of this section, each rail
passenger carrier shall submit to the Secretary of
Transportation and the Chairman of the National
Transportation Safety Board a plan for addressing the needs
of the families of passengers involved in any rail passenger
accident involving a train of the rail passenger carrier and
resulting in a major loss of life.
``(b) Contents of Plans.--A plan to be submitted by a rail
passenger carrier under subsection (a) shall include, at a
minimum, the following:
``(1) A plan for publicizing a reliable, toll-free
telephone number, and for providing staff, to handle calls
from the families of the passengers.
``(2) A process for notifying the families of the
passengers, before providing any public notice of the names
of the passengers, either by utilizing the services of the
organization designated for the accident under section
1138(a)(2) of this title or the services of other suitably
trained individuals.
``(3) An assurance that the notice described in paragraph
(2) will be provided to the family of a passenger as soon as
the rail passenger carrier has verified that the passenger
was aboard the train (whether or not the names of all of the
passengers have been verified) and, to the extent
practicable, in person.
``(4) An assurance that the rail passenger carrier will
provide to the director of family support services designated
for the accident under section 1138(a)(1) of this title, and
to the organization designated for the accident under section
1138(a)(2) of this title, immediately upon request, a list
(which is based on the best available information at the time
of the request) of the names of the passengers aboard the
train (whether or not such names have been verified), and
will periodically update the list. The plan shall include a
procedure, with respect to unreserved trains and passengers
not holding reservations on other trains, for the rail
passenger carrier to use reasonable efforts to ascertain the
names of passengers aboard a train involved in an accident.
``(5) An assurance that the family of each passenger will
be consulted about the disposition of all remains and
personal effects of the passenger within the control of the
rail passenger carrier.
``(6) An assurance that if requested by the family of a
passenger, any possession of the passenger within the control
of the rail passenger carrier (regardless of its condition)
will be returned to the family unless the possession is
needed for the accident investigation or any criminal
investigation.
``(7) An assurance that any unclaimed possession of a
passenger within the control of the rail passenger carrier
will be retained by the rail passenger carrier for at least
18 months.
``(8) An assurance that the family of each passenger or
other person killed in the accident will be consulted about
construction by the rail passenger carrier of any monument to
the passengers, including any inscription on the monument.
``(9) An assurance that the treatment of the families of
nonrevenue passengers will be the same as the treatment of
the families of revenue passengers.
``(10) An assurance that the rail passenger carrier will
work with any organization designated under section
1138(a)(2) of this title on an ongoing basis to ensure that
families of passengers receive an appropriate level of
services and assistance following each accident.
``(11) An assurance that the rail passenger carrier will
provide reasonable compensation to any organization
designated under section 1138(a)(2) of this title for
services provided by the organization.
``(12) An assurance that the rail passenger carrier will
assist the family of a passenger in traveling to the location
of the accident and provide for the physical care of the
family while the family is staying at such location.
``(13) An assurance that the rail passenger carrier will
commit sufficient resources to carry out the plan.
``(14) An assurance that the rail passenger carrier will
provide adequate training to the employees and agents of the
carrier to meet the needs of survivors and family members
following an accident.
``(15) An assurance that, upon request of the family of a
passenger, the rail passenger
[[Page H3087]]
carrier will inform the family of whether the passenger's
name appeared on any preliminary passenger manifest for the
train involved in the accident.
``(c) Limitation on Liability.--A rail passenger carrier
shall not be liable for damages in any action brought in a
Federal or State court arising out of the performance of the
rail passenger carrier in preparing or providing a passenger
list, or in providing information concerning a train
reservation, pursuant to a plan submitted by the rail
passenger carrier under subsection (b), unless such liability
was caused by conduct of the rail passenger carrier which was
grossly negligent or which constituted intentional
misconduct.
``(d) Definitions.--In this section--
``(1) the terms `rail passenger accident' and `rail
passenger carrier' have the meanings such terms have in
section 1138 of this title; and
``(2) the term `passenger' means a person aboard a rail
passenger carrier's train that is involved in a rail
passenger accident.
``(e) Limitation on Statutory Construction.--Nothing in
this section may be construed as limiting the actions that a
rail passenger carrier may take, or the obligations that a
rail passenger carrier may have, in providing assistance to
the families of passengers involved in a rail passenger
accident.''.
(b) Conforming Amendment.--The table of chapters for
subtitle V of title 49, United States Code, is amended by
adding after the item relating to chapter 249 the following
new item:
``251. FAMILY ASSISTANCE.......................................25101''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Mica) and the gentleman from Minnesota (Mr. Oberstar) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida (Mr. Mica).
Mr. MICA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am pleased to rise this afternoon in support of H.R.
4466. This legislation is the National Transportation Safety Board
Reauthorization Act of 2002. It is necessary from time to time to
reauthorize agencies, and it is our responsibility as the Subcommittee
on Aviation of the Committee on Transportation and Infrastructure to
reauthorize this agency, which this bill does, through the year 2005.
The National Transportation Safety Board is a relatively small
agency; however, it has a large and significant mission. Its
responsibility is to determine the probable cause of traffic and
transportation accidents and also to promote transportation safety.
To fulfill this important mission, the NTSB investigates accidents,
and, based on those investigations, makes safety recommendations to
Federal, State and local government agencies. The NTSB also advises the
transportation industry regarding actions that should be taken to
prevent accidents.
The NTSB, I must say, has an absolutely outstanding reputation for
its work, its professionalism, its independence, and the manner in
which it conducts its transportation accident investigations.
The NTSB, however, has no authority to require implementation of its
recommendations. While it has an excellent track record in working with
agencies to ensure that its recommendations are implemented, some of
the important safety recommendations remain open for years, and this is
one of the changes that our committee wanted to make as we reauthorized
this important agency.
One of the problems, again, is we have not had these recommendations
closed. They have been open for years. For example, the NTSB's
recommendation to improve airport runway safety, their recommendations
have been on the NTSB's most wanted list of safety improvements each
year since the inception of the list in 1990.
Also on the most wanted list is the Board's recommendation to reduce
fuel tank flammability. This important recommendation was issued in
December of 1996 after the terrible tragedy of TWA Flight 800. Over
five years later, this recommendation is still in the category of
``open.'' While we cannot expect instant results on such complex and
complicated issues and investigations, neither can we afford to wait
five to 10 years or more to address important aviation safety problems.
To address this problem, this reauthorization legislation, H.R. 4466,
requires that the Secretary of Transportation submit an annual report
to the Congress, and that report must include the regulatory status of
each recommendation made by the NTSB to the Secretary of Transportation
that is included in the NTSB's most wanted list of safety improvements.
We would expect the Secretary's report to state not only whether the
Secretary agrees with the recommendation, but, more importantly, what
actions are necessary to implement the recommendations, including
target dates for these specific actions.
The most wanted list is important because it is established by the
NTSB each year and it is reviewed and considered in an open session.
The list represents the Board's best judgment regarding which of its
recommendations should in fact be expedited. This new provision will
bring, we feel, needed attention to those recommendations that will
have the very greatest impact on transportation safety. It will also
encourage the timely implementation of those recommendations. I
strongly support this provision, as well as other statutory changes
that we have included in this reauthorization of the NTSB.
Mr. Speaker, I want to thank Chairman Marion Blakey and the entire
NTSB for their tireless effort to improve our transportation safety. I
want to thank the gentleman from Minnesota (Mr. Oberstar); the
gentleman from Illinois (Mr. Lipinski), the ranking member of the
Subcommittee on Aviation; and our full committee chairman, the
gentleman from Alaska (Mr. Young), for their work and cooperation in
bringing this important reauthorization forward in a bipartisan and
timely manner.
Mr. Speaker, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 4466, the reauthorization of
the National Transportation Safety Board. The gentleman from Florida
(Chairman Mica) has articulated already in very detailed and, I think,
very thoughtful fashion much of the splendid work that the NTSB
accomplishes year in and year out. But we are here today in support of
legislation to advance the cause of the Nation's premier transportation
investigative agency; not only the Nation's premier investigative
agency in the arena of transportation, but for the entire world, for
the NTSB has served as a model for other countries to develop similar
independent transportation investigative agencies, and particularly
investigative agencies in the field of aviation.
The NTSB Board and their professional staff, career staff, have
traveled throughout the world to help other countries establish,
organize, write the legislative, charter and launch similar independent
safety board investigative entities. It behooves us to always do our
utmost through the legislative process and through the appropriations
to keep the NTSB in the forefront of transportation safety.
Since we last authorized the board in the year 2000, it has
investigated 6,240 aviation accidents, 112 highway accidents, 62
railroad accidents, 28 pipeline and hazardous material accidents, 17
marine accidents, and issued a total of 652 safety recommendations. It
has played a major role in helping other nations do their
investigations, such as recently with the China Air tragedy.
To maintain that role, we have to assure that NTSB will continually
have the personnel and the funding it needs to undertake increasingly
complex accident investigations. It seems that as our technology
progresses in both aviation and surface transportation, as well as
maritime transportation, the accidents that result become more complex,
more challenging to investigate and more difficult to understand. For
that purpose, the NTSB has realized that it too has needed to stay
ahead of the state of the art, and recently broke ground for a new
training academy to house the teaching of state-of-the-art
investigative techniques for transportation accidents. The funding that
we provide in this legislation will help the NTSB to provide the
personnel and the resources for those personnel at headquarters, as
well as at the academy, with the $247.7 million authorization over the
next three years.
{time} 1500
The bill also authorizes an increase in the size of the emergency
fund for NTSB from $2 million to $6 million to cover the ever-
increasing costs of these increasingly complex accident investigations
that the board must undertake.
[[Page H3088]]
One of the core functions is to assist families of passengers who
have been victims of an aviation accident. In previous legislation,
when the presiding officer who has just left the Chair, the gentleman
from Illinois (Mr. LaHood), was on our Committee on Transportation and
Infrastructure, he led the way to extend the authority of the NTSB to
help the families of accident victims. We have extended that authority
in this legislation to families of rail accident victims.
Title II of the bill incorporates the provisions of the Rail
Passenger Disaster Family Assistance Act, requiring that interstate
passenger railroads submit to the Secretary of Transportation and to
the Chair of the NTSB a plan to address the needs of the families of
passengers involving any railroad accident involving major loss of
life.
The plan must address publication of a toll-free number to handle
calls from family members, procedures for developing passenger lists,
the process for notifying family members, and other provisions we need
not detail at this time.
One element of the legislation that I think is particularly important
is a prohibition against unsolicited communication by attorneys until
at least 45 days following an accident. This is a matter that had
unanimous support within our committee.
In times of tragedy, the families of victims are particularly
vulnerable to unscrupulous persons who inevitably want to prey upon
family loss. The bill will make that kind of shameless behavior
illegal. It will give rail passengers the same protections as those we
provided for airline passengers. We provided this same protection a few
years ago in NTSB reauthorization.
Another provision for protection of families is that in accidents
caused by intentional criminal acts, in the year 2000 the Congress
authorized the transfer of investigative priorities for such cases from
the NTSB to the Federal Bureau of Investigation to avoid the confusion
that results in a case where there are overlapping factors, as occurred
in TWA 800. It was not clear at the outset whether this was a classic
aviation accident or whether it was an incident caused by a terrorist
act.
The FBI at first treated it as a criminal act, and there was
confusion as to who had authority. We attempted to clarify that
authority and transferred the investigative priority from NTSB to the
FBI for cases in which there is an intentional criminal act, but there
was no mechanism to transfer the responsibility for family affairs from
the NTSB to the FBI. Following the events of September 11, the NTSB
concluded that when the FBI gets investigative responsibility for an
aircraft accident, family affairs responsibilities should transfer as
well. So this legislation makes that transfer of authority in both
aviation and rail accidents.
It addresses another matter of significant importance, and that is
the notoriously slow response by other modal entities in the Department
of Transportation to the NTSB safety recommendations. It was a matter
of great concern when I chaired the Subcommittee on Aviation, and the
gentleman from Florida (Chairman Mica) has articulated that concern
just previously in his statement.
There should be no delay. The Department of Transportation and other
modal agencies should respond promptly. This bill requires DOT to
report annually on the regulatory status of significant safety
recommendations made by the NTSB, regardless of the year in which the
recommendation was made. That will enable us in the Congress, on behalf
of the public, to keep better tabs on the progress the sister agencies
in DOT are making in response to these very important safety
recommendations.
This is a critically important piece of legislation. The NTSB does
not get public attention until a board member or an investigator is
standing in front of a camera crew at the site of a tragedy, responding
methodically, thoughtfully, and objectively to endless reporter
questions about this tragedy and how it occurred and what will be the
future of safety in surface or air transportation. We must give the
board all the resources it needs to continue to do its job impassively,
objectively, and effectively.
I express my great appreciation to the chairman, the gentleman from
Florida (Mr. Mica), for the work he has done; to our ranking member,
the gentleman from Illinois (Mr. Lipinski); and to my good friend, the
chairman of the full committee, the gentleman from Alaska (Mr. Young);
and also to the gentleman from New York (Mr. Quinn), chairman of the
Subcommittee on Railroads; and to our colleague, the gentleman from
Tennessee (Mr. Clement).
Mr. Speaker, I reserve the balance of my time.
Mr. MICA. Mr. Speaker, I am pleased to yield 2 minutes to the
gentleman from Michigan (Mr. Smith).
Mr. SMITH of Michigan. Mr. Speaker, I thank the gentleman from
Florida for yielding time to me.
In support of this bill, I would like to relay to my colleagues my
personal experience with the National Transportation Safety Board. Last
week, there was a train wreck in Potterville, Michigan, in my
congressional district. Thirty-five of the 58 cars of the Canadian
National Train going through Potterville were derailed; and, of course,
the question that is asked of legislators is why did it happen and what
are the health and safety issues.
So I called the National Transportation Safety Board. It was
interesting, all of the information they had. They knew that the track
was manufactured in 1976, that it was laid in 1977, that certain
portions of the track were welded at the factory, and how much welding
was on site. They were extremely helpful investigating and analyzing
and sharing some of the information that was available in that
Potterville train wreck.
I think we are all somewhat concerned with the additional visibility
of train wrecks that we have seen in Florida, in California, in
Detroit, and last week in Potterville, Michigan. It was an extremely
nervous situation in Potterville because of the 35 derailed cars. There
were nine tankers of propane and two tankers of sulphuric acid. So it
was an immediate concern to the community; 2,200 individuals were
evicted from their homes, all wondering about safety, why it happened
and if it might happen again.
I just would like to commend the NTSB and the Federal Railroad
Administration, the community, our first responders and Rick Jones, the
county sheriff, for all having the kind of cooperation that minimized
risk and now has totally eliminated any danger or any health problems;
I also commend Canadian National, who was very, very quick to be on the
spot to minimize any health hazards, and agreeing to pay for damages
caused by that railroad accident.
I would summarize in saying that probably the National Transportation
Safety Board might even need more support as we prepare for the future
challenges of rail safety.
Mr. OBERSTAR. Mr. Speaker, I yield 4 minutes to the gentleman from
Maryland (Mr. Cummings).
Mr. CUMMINGS. Mr. Speaker, I thank the gentleman for yielding time to
me.
Mr. Speaker, I want to associate myself with the words of the last
speaker. We in Baltimore had a train derailment not very long ago, and
I had an opportunity to arrive at the scene not long after that
derailment. When I got there, the National Transportation Safety Board
was already present and doing an outstanding job.
The NTSB is charged by Congress with investigating every civil
aviation accident in the United States and significant accidents in the
other modes of transportation: railroad, highway, marine pipeline.
Since its inception in 1967, the NTSB has investigated more than
110,000 aviation accidents and thousands of surface transportation
accidents. It is now recognized as one of the world's premier accident
investigative agencies.
Although the NTSB has no regulatory or enforcement empowers, we
increasingly rely on it in our efforts to prevent accidents and ensure
the safety of all the traveling citizens. Heightened security is
obviously a national priority, especially now. Therefore, our reliance
on the NTSB in determining the probable cause of transportation
accidents has greatly increased.
I had the opportunity to see it again in my district, and I think the
amazing thing was the time that these ladies and gentlemen took in
painstaking details. They had to work under some
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very difficult circumstances when several trains derailed inside a
tunnel; and it was very, very clear to us in Baltimore, we waited with
bated breath for information coming from them.
Although we had other people working at the scene, and our local
people were working and working very hard, it was the NTSB that clearly
was taking the lead in helping us to try to figure out how do we go
along slowly; do we have hazardous materials.
So while we are still waiting for a final determination, the fact is,
they were very helpful to us all along the way.
So often, what happens in circumstances is that we take so much for
granted when we have an organization like the National Transportation
Safety Board and just assume they are always going to be there, that
they have enough money, that everything is going to be okay, and that
we are not going to need them.
The fact is that these things do happen. No one would have guessed
that in the middle of Baltimore's downtown area, right at the stadium
site, our two stadium sites, we would have had this incident happen,
which basically closed down our downtown for several days. But thank
God that the NTSB was there.
Therefore, I stand with the gentleman from Florida (Chairman Mica)
and certainly our ranking member, the gentleman from Minnesota (Mr.
Oberstar), and all the members of our Committee on Transportation and
Infrastructure in supporting this very, very important reauthorization.
Mr. OBERSTAR. Mr. Speaker, I yield back the balance of my time.
Mr. MICA. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I am pleased today, on behalf of the gentleman from
Alaska (Chairman Young), chairman of the full Committee on
Transportation and Infrastructure, to bring to the floor for
reauthorization the National Transportation Safety Board legislation.
It is vital, as we have heard from the previous speakers, to continue
the good work, the professionalism, and the investigative authority to
this agency.
It is also a pleasure for me to help reauthorize a rather lean, well-
run Federal agency that does, again, an excellent job with a limited
number of staff.
With those remarks, Mr. Speaker, I am also pleased to compliment
Marion Blakey, who has assumed the chairmanship last year of this
important investigative arm of our government, and also compliment her
on the outstanding job she has done in communicating with me since her
taking office. This has continued from the horrible events of November
12, when the American airliner crashed in Long Island, through the very
serious and fatal accident we had in my district in Florida involving
the Amtrak auto train. So I thank the Chair of this agency for her
cooperation, and I thank those involved with the agency for their work.
Finally, again, I thank the gentleman from Minnesota (Mr. Oberstar),
the gentleman from Illinois (Mr. Lipinski), and the gentleman from
Alaska (Mr. Young) for their bipartisan effort to move H.R. 4466 for
reauthorization of the NTSB to the floor.
Mr. CLEMENT. Mr. Speaker, I rise today in strong support of H.R.
4466, the National Transportation Safety Board (NTSB) Reauthorization
Act of 2002. In addition to the many positive attributes already
mentioned by my colleagues regarding the NTSB and their excellent
service to our country, I want to particularly note the provisions in
H.R. 4466 included from the Rail Passenger Disaster Family Assistance
Act. These provisions allow the NTSB to provide needed assistance to
the families of victims of catastrophic railroad accidents, similar to
the role that the NTSB already plays in aviation accidents.
Additionally, it requires intercity passenger railroads to submit a
plan to the Secretary of Transportation and the Chairman of the NTSB to
address the needs of families of passengers involved in accidents
resulting in major loss of life. The plan must include procedures for
notifying family members, developing passenger lists, and coordinating
information to family members regarding an accident.
By passing this bill, we send the message that the safety of our
transportation system is of the utmost importance to our citizens and
Nation. I urge the adoption of this piece of legislation and extend my
compliments to Chairman Young, Chairman Mica, and Ranking Member
Oberstar for their good work on this important bill.
Mr. MICA. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Culberson). The question is on the
motion offered by the gentleman from Florida (Mr. Mica) that the House
suspend the rules and pass the bill, H.R. 4466, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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