[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2351 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2351

  To provide for the safety and security of United States railroads, 
 passengers, workers, and communities, and to establish an assistance 
     program for families of passengers involved in rail accidents.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2005

Mr. Oberstar (for himself, Ms. Corrine Brown of Florida, Mr. Cummings, 
Mr. Blumenauer, Mr. Menendez, Mr. Nadler, Ms. Norton, Mr. Bishop of New 
York, Ms. Millender-McDonald, Mr. Weiner, Mr. Holden, Mr. Capuano, Mr. 
   Rahall, and Ms. Carson) introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure, and in 
  addition to the Committee on Homeland Security, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To provide for the safety and security of United States railroads, 
 passengers, workers, and communities, and to establish an assistance 
     program for families of passengers involved in rail accidents.

    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 ``Rail Security Act of 2005''.

                       TITLE I--RAILROAD SECURITY

SEC. 101. RAILROAD TRANSPORTATION SECURITY.

    (a) In General.--
            (1) Requirements.--The Secretary shall develop, prepare, 
        implement, and update--
                    (A) a railroad security assessment under subsection 
                (b)(1);
                    (B) a railroad security plan under subsection 
                (b)(2);
                    (C) prioritized recommendations for improving 
                railroad security under subsection (d);
                    (D) guidance for the rail worker security training 
                program as authorized by section 104; and
                    (E) a national plan for public outreach and 
                awareness for improving railroad security as authorized 
                by section 107.
            (2) Role of secretary of transportation.--The Secretary 
        shall work jointly with the Secretary of Transportation, in 
        developing, preparing, revising, implementing, and updating the 
        documents required by paragraph (1).
            (3) Memorandum of agreement.--Within 60 days after the date 
        of enactment of this Act, the Secretary and the Secretary of 
        Transportation shall execute a memorandum of agreement 
        governing the roles and responsibilities of the Department of 
        Homeland Security and the Department of Transportation, 
        respectively, in addressing railroad transportation security 
        matters, including the processes the departments will follow to 
        carry out this title and promote communications, efficiency, 
        and nonduplication of effort.
    (b) Security Assessment.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall complete the 
        security assessment of railroad transportation required under 
        subsection (a)(1). The security assessment shall include--
                    (A) identification and evaluation of critical 
                railroad assets and infrastructures;
                    (B) identification of threats to those assets and 
                infrastructures;
                    (C) identification of vulnerabilities that are 
                specific to the transportation of hazardous materials 
                by railroad;
                    (D) identification of redundant and backup systems 
                required to ensure the continued operation of critical 
                elements of the railroad system in the event of an 
                attack or other incident, including disruption of 
                commercial electric power or communications networks; 
                and
                    (E) identification of security weaknesses in 
                passenger and cargo security, transportation 
                infrastructure, protection systems (including passenger 
                and cargo screening), procedural policies, 
                communications systems, employee training, emergency 
                response planning, and any other area identified by the 
                assessment.
            (2) Security plan.--The Secretary shall use the security 
        assessment completed under paragraph (1) to develop a 
        transportation modal security plan under section 114(t)(1)(B) 
        of title 49, United States Code, for the security of the 
        Nation's railroads. The plan shall--
                    (A) establish a strategy for minimizing terrorist 
                threats to railroad transportation systems;
                    (B) establish a strategy for maximizing the efforts 
                of railroads to mitigate damage from terrorist attacks;
                    (C) require the Federal Government to provide 
                increased security support at high or severe threat 
                levels of alert;
                    (D) set forth procedures for establishing and 
                maintaining permanent and comprehensive consultative 
                relations among the parties described in subsection 
                (c);
                    (E) include a contingency plan to ensure the 
                continued movement of freight and passengers in the 
                event of an attack affecting the railroad system, which 
                shall contemplate--
                            (i) the possibility of rerouting traffic 
                        due to the loss of critical infrastructure, 
                        such as a bridge, tunnel, yard, or station; and
                            (ii) methods of continuing railroad service 
                        in the Northeast Corridor in the event of a 
                        commercial power loss, or catastrophe affecting 
                        a critical bridge, tunnel, yard, or station; 
                        and
                    (F) account for actions taken or planned by both 
                public and private entities to address security issues 
                identified under paragraph (1) and assess the effective 
                integration of such actions.
    (c) Consultation.--In developing the plan under subsection (b)(2) 
and the recommendations under subsection (d), the Secretary and the 
Secretary of Transportation shall consult with the freight and 
passenger railroad carriers, nonprofit employee organizations 
representing rail workers, nonprofit employee organizations 
representing emergency responders, owners or lessors of rail cars used 
to transport hazardous materials, shippers of hazardous materials, 
manufacturers of rail tank cars, State Departments of Transportation, 
public safety officials, and other relevant parties.
    (d) Recommendations.--The Secretary shall develop prioritized 
recommendations for improving railroad security, including 
recommendations for--
            (1) improving the security of rail tunnels, rail bridges, 
        rail switching and car storage areas, other rail infrastructure 
        and facilities, information systems, and other areas identified 
        as posing significant railroad-related risks to public safety 
        and the movement of interstate commerce, taking into account 
        the impact that any proposed security measure might have on the 
        provision of railroad service;
            (2) deploying surveillance equipment;
            (3) deploying equipment to detect explosives and hazardous 
        chemical, biological, and radioactive substances, and any 
        appropriate countermeasures;
            (4) installing redundant and backup systems to ensure the 
        continued operation of critical elements of the railroad system 
        in the event of an attack or other incident, including 
        disruption of commercial electric power or communications 
        networks;
            (5) conducting public outreach campaigns on passenger 
        railroads; and
            (6) identifying the immediate and long-term costs of 
        measures that may be required to address those risks.
    (e) Report.--
            (1) Contents.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall transmit to the 
        Committee on Transportation and Infrastructure and the 
        Committee on Homeland Security of the House of Representatives 
        and to the Committee on Commerce, Science, and Transportation 
        of the Senate a report containing the security assessment, 
        plan, and prioritized recommendations required by this section, 
        along with an estimate of the cost to implement such 
        recommendations.
            (2) Format.--The report may be submitted in a classified 
        format if the Secretary determines that such action is 
        necessary.
    (f) Periodic Updates.--The Secretary shall update the railroad 
security assessment, security plan, and prioritized recommendations for 
improving railroad security under subsection (a), and the guidance for 
a railroad worker security training program under section 105, every 2 
years and submit a report, which may be submitted in both classified 
and redacted formats, to the Committee on Transportation and 
Infrastructure and the Committee on Homeland Security of the House of 
Representatives and to the Committee on Commerce, Science, and 
Transportation of the Senate not less frequently than April 1 of each 
even-numbered year.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $10,000,000 for the purpose of carrying 
out this section.

SEC. 102. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

    (a) Security Improvement Grants.--The Secretary, in coordination 
with the Secretary of Transportation, is authorized to make grants to 
freight and passenger railroad carriers, nonprofit employee 
organizations that represent rail workers, shippers of hazardous 
materials by rail, owners of rail cars used in the transportation of 
hazardous materials, manufacturers of rail tank cars, and State and 
local governments, for costs incurred in the conduct of activities to 
prevent or respond to acts of terrorism or sabotage against railroads, 
or other railroad security threats, including--
            (1) perimeter protection systems, including access control, 
        installation of better lighting, fencing, and barricades at 
        railroad facilities;
            (2) structural modification or replacement of rail cars 
        transporting hazardous materials to improve their resistance to 
        acts of terrorism;
            (3) technologies for reduction of tank car vulnerability;
            (4) security improvements to passenger railroad stations, 
        trains, and infrastructure;
            (5) tunnel protection systems;
            (6) evacuation improvements;
            (7) inspection technologies, including verified visual 
        inspection technologies using hand-held readers and discs;
            (8) security and redundancy for critical communications, 
        computer, and train control systems essential for secure 
        railroad operations or to continue railroad operations after an 
        attack impacting railroad operations;
            (9) train tracking and interoperable communications 
        systems;
            (10) chemical, biological, radiological, or explosive 
        detection systems and devices;
            (11) surveillance equipment;
            (12) additional police and security officers, including 
        canine units;
            (13) accommodation of cargo or passenger screening 
        equipment;
            (14) employee security awareness, preparedness, and 
        response training (including compliance with section 105);
            (15) public security awareness campaigns;
            (16) emergency response equipment, including fire 
        suppression and decontamination equipment; and
            (17) other improvements recommended by the report required 
        by section 101, including infrastructure, facilities, and 
        equipment upgrades.
    (b) Conditions.--The Secretary shall require recipients of funds 
for construction under this section and section 103 of this Act to 
apply the standards of section 24312 of title 49, United States Code, 
as in effect on September 1, 2004, with respect to the construction in 
the same manner as Amtrak is required to comply with such standards for 
construction work financed under an agreement made under section 
24308(a) of such title 49.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $600,000,000 to carry out the purposes of 
this section, of which $100,000,000 shall be used by the Secretary for 
making grants to Amtrak, in accordance with this section. Amounts 
appropriated pursuant to this subsection shall remain available until 
expended.

SEC. 103. FIRE AND LIFE-SAFETY IMPROVEMENTS.

    (a) Life-Safety Needs.--There are authorized to be appropriated to 
Amtrak for the purposes of carrying out this section the following 
amounts:
            (1) For the 6 New York tunnels to provide ventilation, 
        electrical, and fire safety technology upgrades, emergency 
        communication and lighting systems, and emergency access and 
        egress for passengers--
                    (A) $100,000,000 for fiscal year 2006;
                    (B) $100,000,000 for fiscal year 2007;
                    (C) $100,000,000 for fiscal year 2008;
                    (D) $100,000,000 for fiscal year 2009; and
                    (E) $170,000,000 for fiscal year 2010.
            (2) For the Baltimore & Potomac Tunnel and the Union 
        tunnel, together, to provide adequate drainage, ventilation, 
        communication, lighting, and passenger egress upgrades--
                    (A) $10,000,000 for fiscal year 2006;
                    (B) $10,000,000 for fiscal year 2007;
                    (C) $10,000,000 for fiscal year 2008;
                    (D) $10,000,000 for fiscal year 2009; and
                    (E) $17,000,000 for fiscal year 2010.
            (3) For the Washington, District of Columbia, Union Station 
        tunnels to improve ventilation, communication, lighting, and 
        passenger egress upgrades--
                    (A) $8,000,000 for fiscal year 2006;
                    (B) $8,000,000 for fiscal year 2007;
                    (C) $8,000,000 for fiscal year 2008;
                    (D) $8,000,000 for fiscal year 2009; and
                    (E) $8,000,000 for fiscal year 2010.
    (b) Availability of Appropriated Funds.--Amounts appropriated 
pursuant to this section shall remain available until expended.

SEC. 104. RAIL SECURITY RESEARCH AND DEVELOPMENT PROGRAM.

    (a) Establishment of Research and Development Program.--The 
Secretary shall carry out a research and development program for the 
purpose of improving railroad security that may include research and 
development projects to--
            (1) reduce the vulnerability of passenger trains, stations, 
        and equipment to explosives and hazardous chemical, biological, 
        and radioactive substances;
            (2) test new emergency response techniques and 
        technologies;
            (3) develop improved freight technologies, including--
                    (A) technologies for sealing rail cars;
                    (B) automatic inspection of rail cars; and
                    (C) communication-based train controls;
            (4) test wayside detectors that can detect tampering with 
        railroad equipment;
            (5) support enhanced security for the transportation of 
        hazardous materials by rail, including--
                    (A) technologies to detect a breach in a tank car 
                and transmit information about the integrity of tank 
                cars to the train crew;
                    (B) research to improve tank car integrity; and
                    (C) techniques to transfer hazardous materials from 
                rail cars that are damaged or otherwise represent an 
                unreasonable risk to human life or public safety; and
            (6) other projects recommended in the report required by 
        section 101.
    (b) Coordination With Other Research Initiatives.--The Secretary 
shall ensure that the research and development program authorized by 
this section is coordinated with other research and development 
initiatives at the Department of Homeland Security, the Department of 
Transportation, and other Federal agencies.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $50,000,000 in each of fiscal years 2006 
and 2007 to carry out the purposes of this section. Amounts 
appropriated pursuant to this subsection shall remain available until 
expended.

SEC. 105. RAIL WORKER SECURITY TRAINING PROGRAM.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary, in consultation with appropriate law 
enforcement, security, and terrorism experts, representatives of 
railroad carriers, and nonprofit employee organizations that represent 
rail workers, shall develop and issue detailed guidance for a rail 
worker security training program to prepare rail workers for potential 
threat conditions.
    (b) Program Elements.--The guidance developed under subsection (a) 
shall require such a program to include, at a minimum, elements that 
address the following:
            (1) Determination of the seriousness of any occurrence.
            (2) Crew and passenger communication and coordination.
            (3) Appropriate responses to defend oneself.
            (4) Use of protective devices.
            (5) Evacuation procedures.
            (6) Live situational training exercises regarding various 
        threat conditions, including tunnel evacuation procedures.
            (7) Any other subject the Secretary considers appropriate.
    (c) Railroad Carrier Programs.--Not later than 60 days after the 
Secretary issues guidance under subsection (a) in final form, each 
railroad carrier shall develop a rail worker security training program 
in accordance with that guidance and submit it to the Secretary for 
approval. Not later than 60 days after receiving a railroad carrier's 
program under this subsection, the Secretary shall review the program 
and approve it or require the railroad carrier to make any revisions 
the Secretary considers necessary for the program to meet the guidance 
requirements.
    (d) Training.--Not later than 1 year after the Secretary approves 
the training program developed by a railroad carrier under this 
section, the railroad carrier shall complete the training of all rail 
workers in accordance with that program.
    (e) Updates.--The Secretary shall update the training guidance 
issued under subsection (a) from time to time to reflect new or 
different security threats, and require railroad carriers to revise 
their programs accordingly and provide additional training to their 
rail workers.

SEC. 106. WHISTLEBLOWER PROTECTION.

    (a) In General.--Subchapter I of chapter 201 of title 49, United 
States Code, is amended by inserting after section 20115 the following:
``Sec. 20116. Whistleblower protection for railroad security matters
    ``(a) Discrimination Against Employee.--No railroad carrier engaged 
in interstate or foreign commerce may discharge a railroad employee or 
otherwise discriminate against a railroad employee because the employee 
(or any person acting pursuant to a request of the employee)--
            ``(1) provided, caused to be provided, or is about to 
        provide or cause to be provided, to the employer or the Federal 
        Government information relating to a perceived threat to 
        security;
            ``(2) provided, caused to be provided, or is about to 
        provide or cause to be provided, testimony before Congress or 
        at any Federal or State proceeding regarding a perceived threat 
        to security;
            ``(3) has assisted or participated, or is about to assist 
        or participate, in any manner in a proceeding or any other 
        action to enhance railroad security; or
            ``(4) refused to violate or assist in the violation of any 
        law, rule, or regulation related to railroad security.
    ``(b) Enforcement Action.--
            ``(1) In general.--A person who alleges discharge or other 
        discrimination by any person in violation of subsection (a) may 
        seek relief under subsection (c) by--
                    ``(A) filing a complaint with the Secretary of 
                Labor; or
                    ``(B) if the Secretary of Labor has not issued a 
                final decision within 180 days of the filing of the 
                complaint and there is no showing that such delay is 
                due to the bad faith of the claimant, bringing an 
                action at law or equity for de novo review in the 
                appropriate district court of the United States, which 
                shall have jurisdiction over such an action without 
                regard to the amount in controversy.
            ``(2) Procedure.--
                    ``(A) In general.--An action under paragraph (1)(A) 
                shall be governed under the rules and procedures set 
                forth in section 42121(b) of this title.
                    ``(B) Exception.--Notification made under section 
                42121(b)(1) of this title, shall be made to the person 
                named in the complaint and to the employer.
                    ``(C) Burdens of proof.--An action brought under 
                paragraph (1)(B) shall be governed by the legal burdens 
                of proof set forth in section 42121(b) this title.
                    ``(D) Statute of limitations.--An action under 
                paragraph (1)(A) shall be commenced not later than 90 
                days after the date on which the violation occurs.
    ``(c) Remedies.--
            ``(1) In general.--An employee prevailing in any action 
        under subsection (b)(1) shall be entitled to all relief 
        necessary to make the employee whole.
            ``(2) Compensatory damages.--Relief for any action under 
        paragraph (1) shall include--
                    ``(A) reinstatement with the same seniority status 
                that the employee would have had, but for the 
                discrimination;
                    ``(B) the amount of back pay, with interest; and
                    ``(C) compensation for any special damages 
                sustained as a result of the discrimination, including 
                litigation costs, expert witness fees, and reasonable 
                attorney fees.
    ``(d) Rights Retained by Employee.--Except as provided in 
subsection (e), nothing in this section shall be deemed to diminish the 
rights, privileges, or remedies of any employee under any Federal or 
State law, or under any collective bargaining agreement.
    ``(e) Election of Remedies.--An employee of a railroad carrier may 
not seek protection under both this section and another provision of 
law for the same allegedly unlawful act of the railroad carrier.
    ``(f) Disclosure of Identity.--
            ``(1) In general.--Except as provided in paragraph (2), 
        without the written consent of the employee, the Secretary of 
        Labor may not disclose the name of an employee of a railroad 
        carrier who has provided information about an alleged violation 
        of this section.
            ``(2) Exception.--The Secretary of Labor shall disclose to 
        the Attorney General the name of an employee described in 
        paragraph (1) of this subsection if the matter is referred to 
        the Attorney General for enforcement.''.
    (b) Conforming Amendment.--The table of sections for chapter 201 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 20115 the following:

``20116. Whistleblower protection for railroad security matters.''.

SEC. 107. PUBLIC OUTREACH.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary shall develop a national plan for public outreach and 
awareness. Such plan shall be designed to increase awareness of 
measures that the general public, railroad passengers, and railroad 
employees can take to increase railroad system security. Such plan 
shall also provide outreach to railroad carriers and their employees to 
improve their awareness of available technologies, ongoing research and 
development efforts, and available Federal funding sources to improve 
railroad security. Not later than 9 months after the date of enactment 
of this Act, the Secretary shall implement the plan developed under 
this section.

SEC. 108. PASSENGER, BAGGAGE, AND CARGO SCREENING.

    The Secretary shall--
            (1) analyze the cost and feasibility of requiring security 
        screening for passengers, baggage, and cargo on passenger 
        trains; and
            (2) report the results of the study, together with any 
        recommendations that the Secretary may have for implementing a 
        rail security screening program to the Committee on 
        Transportation and Infrastructure and the Committee on Homeland 
        Security of the House of Representatives and to the Committee 
        on Commerce, Science, and Transportation of the Senate not 
        later than 1 year after the date of enactment of this Act.

SEC. 109. EMERGENCY RESPONDER TRAINING STANDARDS.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Transportation shall issue training standards for persons 
responsible for responding to emergency situations occurring during 
transportation of hazardous materials by rail, in accordance with 
existing regulations, to ensure their ability to protect nearby 
persons, property, or the environment from the effects of accidents 
involving hazardous materials.

SEC. 110. INFORMATION FOR FIRST RESPONDERS.

    (a) In General.--The Secretary of Transportation shall provide 
grants to Operation Respond Institute for the purpose of--
            (1) deploying and expanding the Operation Respond Emergency 
        Information System software;
            (2) developing, implementing, and maintaining a railroad 
        infrastructure mapping program that correlates railroad right-
        of-way information with highway grid maps and overhead imagery 
        of traffic routes, hazardous materials routes, and commuter 
        rail lines; and
            (3) establishing an alert and messaging capability for use 
        during emergencies involving freight and passenger railroads.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation to carry out this 
section $2,500,000 for each of fiscal years 2005, 2006, and 2007. 
Amounts appropriated pursuant to this subsection shall remain available 
until expended.

SEC. 111. TSA PERSONNEL LIMITATIONS.

    Any statutory limitation on the number of employees in the 
Transportation Security Administration, before or after its transfer to 
the Department of Homeland Security, does not apply to the extent that 
any such employees are responsible for implementing the provisions of 
this title.

SEC. 112. RAIL SAFETY REGULATIONS.

    Section 20103(a) of title 49, United States Code, is amended by 
striking ``safety'' the first place it appears, and inserting ``safety, 
including security''.

SEC. 113. RAIL POLICE OFFICERS.

    Section 28101 of title 49, United States Code, is amended by 
striking ``the rail carrier'' each place it appears and inserting ``any 
rail carrier''.

SEC. 114. DEFINITIONS.

    For purposes of this title--
            (1) the terms ``railroad'' and ``railroad carrier'' have 
        the meaning given those terms in section 20102 of title 49, 
        United States Code; and
            (2) the term ``Secretary'' means the Secretary of Homeland 
        Security, acting through the Under Secretary of Homeland 
        Security for Border and Transportation Security.

             TITLE II--ASSISTANCE TO FAMILIES OF PASSENGERS

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 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 180 days 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 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''.

SEC. 203. ESTABLISHMENT OF TASK FORCE.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation, in coordination 
with the National Transportation Safety Board, organizations 
potentially designated under section 1138(a)(2) of title 49, United 
States Code, rail passenger carriers, and families which have been 
involved in rail accidents, shall establish a task force consisting of 
representatives of such entities and families, representatives of 
passenger rail carrier employees, and representatives of such other 
entities as the Secretary considers appropriate.
    (b) Model Plan and Recommendations.--The task force established 
pursuant to subsection (a) shall develop--
            (1) a model plan to assist passenger rail carriers in 
        responding to passenger rail accidents;
            (2) recommendations on methods to improve the timeliness of 
        the notification provided by passenger rail carriers to the 
        families of passengers involved in a passenger rail accident;
            (3) recommendations on methods to ensure that the families 
        of passengers involved in a passenger rail accident who are not 
        citizens of the United States receive appropriate assistance; 
        and
            (4) recommendations on methods to ensure that emergency 
        services personnel have as immediate and accurate a count of 
        the number of passengers onboard the train as possible.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall transmit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report containing the model plan and recommendations developed by the 
task force under subsection (b).
                                 <all>