IB
Union Calendar No. 281
107TH CONGRESS
2D SESSION
H. R. 4466
[Report No. 107–470]
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
MAY 16, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 17, 2002]
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 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 ap-
propriated 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 appro-
priated to the Board for necessary expenses of the National
Transportation Safety Board Academy, not otherwise pro-
vided 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 amend-
ed 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 air-
craft 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 sub-
section 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 Sec-
retary 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). 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 rec-
ommendation 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 no-
tify the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of
the Senate of the Secretary’s failure to submit the re-
quired report.
‘‘(3) SIGNIFICANT SAFETY RECOMMENDATION DE-
FINED.—For the purposes of this subsection, the term
‘significant safety recommendation’ means a rec-
ommendation 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 IN-
VOLVED 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
PRI-
ORITY.—
‘‘(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 vic-
tims 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 re-
linquished 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 Transpor-
tation Safety Board and the Federal Bureau of Investiga-
tion 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 re-
vised agreement to the Committee on Transportation and
Infrastructure of the House of Representatives and the Com-
mittee 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, asso-
ciated with carry-on baggage stored in overhead bins
aboard passenger aircraft and sufficient ways to deal with
such problems.
(b) REPORT.—Not later than October 1, 2002, the
Board shall report to the Committee on Transportation and
Infrastructure of the House of Representatives and the Com-
mittee 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:
‘‘§ 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 Transpor-
tation 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 re-
sponsible for acting as a point of contact within the
Federal Government for the families of passengers in-
volved in the accident and a liaison between the rail
passenger carrier and the families; and