[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

[[Page H3089]]

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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