I
107TH CONGRESS
2D SESSION
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.
IN THE HOUSE OF REPRESENTATIVES
APRIL 17, 2002
Mr. YOUNG of Alaska (for himself, Mr. MICA, Mr. OBERSTAR, Mr. QUINN,
Mr. LIPINSKI, and Mr. CLEMENT) introduced the following bill; which
was referred to the Committee on Transportation and Infrastructure
A BILL
To amend title 49, United States Code, to authorize appro-
priations for the National Transportation Safety Board
for fiscal years 2003, 2004, and 2005, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Transpor-
tation 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) NTSB ACADEMY.—Section 1118 of such title is
amended by adding at the end the following:
‘‘(c) ACADEMY.—There are authorized to be appro-
priated to the Board for necessary expenses of the Na-
tional Transportation Safety Board Academy, not other-
wise 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 ex-
pended.’’.
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 STA-
TUS REPORTS.—On February 1 of each year, the
Secretary shall submit a report to Congress and the
Board containing the regulatory status of each sig-
nificant safety recommendation made by the Board
to the Secretary (or to an Administration within the
Department) during the previous calendar year. 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 Infra-
structure of the House of Representatives and the
Committee on Commerce, Science, and Transpor-
tation 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 want-
ed list’.
‘‘(4) TERMINATION.—This subsection shall
cease to be in effect after the report required to be
filed on February 1, 2007, is filed.’’.
‘‘(B) Government agencies; and
‘‘(C) the rail passenger carrier involved,
with respect to the accident and the post-accident
activities.
‘‘(c) RESPONSIBILITIES OF DESIGNATED ORGANIZA-
TION.—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 trav-
eled 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 des-
ignated for the accident under subsection (a)(1), de-
termines 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 responsi-
bility 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 acci-
dent 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 ac-
cident. A rail passenger carrier shall use rea-
sonable 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 acci-
dent.
‘‘(B) REQUESTS BY DESIGNATED ORGANI-
ZATION.—The organization designated for an
accident under subsection (a)(2) may request
from the rail passenger 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 ob-
tained under paragraph (1) but may provide infor-
mation 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 max-
imum extent practicable, ensure that the families of pas-
sengers 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
RE-
SOURCES.—To the extent practicable, the organization
designated for an accident under subsection (a)(2) shall
coordinate its activities with the rail passenger carrier in-
volved 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 un-
solicited communication concerning a potential ac-
tion 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 car-
rier) 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 em-
ployees, agents, or volunteers of an organization des-
ignated for an accident under subsection (a)(2) from
providing mental health and counseling services
under subsection (c)(1) in the 30-day period begin-
ning 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 au-
thorities 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 sec-
tion 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 sec-
tion 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 car-
rier 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 obli-
gations that a rail passenger carrier may have, in pro-
viding assistance to the families of passengers involved in
a rail passenger accident.
‘‘(j) RELINQUISHMENT
OF
INVESTIGATIVE
PRI-
ORITY.—
‘‘(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 pri-
ority 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 fami-
lies with respect to the accident.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions 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 acci-
dents.’’.
SEC. 202. RAIL PASSENGER CARRIER PLANS TO ADDRESS
NEEDS OF FAMILIES OF PASSENGERS IN-
VOLVED 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 pas-
senger accidents.
‘‘§ 25101.
Plans to address needs of families of pas-
sengers involved in rail passenger acci-
dents
‘‘(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 in-
clude, 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 serv-
ices 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 car-
rier 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 des-
ignated 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 res-
ervations on other trains, for the rail passenger car-
rier 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 pas-
senger 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 fam-
ily of a passenger, any possession of the passenger
within the control of the rail passenger carrier (re-
gardless of its condition) will be returned to the fam-
ily unless the possession is needed for the accident
investigation or any criminal investigation.
‘‘(7) An assurance that any unclaimed posses-
sion of a passenger within the control of the rail
passenger carrier will be retained by the rail pas-
senger carrier for at least 18 months.
‘‘(8) An assurance that the family of each pas-
senger or other person killed in the accident will be
consulted about construction by the rail passenger
carrier of any monument to the passengers, includ-
ing any inscription on the monument.