[Congressional Record Volume 145, Number 132 (Monday, October 4, 1999)]
[House]
[Pages H9249-H9251]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         RAIL PASSENGER DISASTER FAMILY ASSISTANCE ACT OF 1999

  Mr. PETRI. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 2681) to establish a program, coordinated by the National 
Transportation Safety Board, of assistance to families of passengers 
involved in rail passenger accidents.
  The Clerk read as follows:

                               H.R. 2681

       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 Passenger Disaster 
     Family Assistance Act of 1999''.

     SEC. 2. 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. 1137. 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

[[Page H9250]]

     (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.''.
       (b) Conforming Amendment.--The table of sections for such 
     chapter is amended by inserting after the item relating to 
     section 1136 the following:

``1137. Assistance to families of passengers involved in rail passenger 
              accidents.''.

     SEC. 3. 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 
     1137(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 1137(a)(1) of this title, and 
     to the organization designated for the accident under section 
     1137(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 
     1137(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 1137(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

[[Page H9251]]

     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 1137 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 
Wisconsin (Mr. Petri) and the gentleman from Texas (Mr. Lampson) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. Petri).
  Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of the bill before us, H.R. 2681, the 
Rail Passenger Disaster Family Assistance Act. This is a bipartisan 
measure, and it is the product of diligent efforts by our committee 
chairman, the gentleman from Pennsylvania (Mr. Shuster) the committee's 
ranking member, the gentleman from Minnesota (Mr. Oberstar), and the 
Subcommittee on Ground Transportation's ranking member, the gentleman 
from West Virginia (Mr. Rahall). I commend all of these gentleman.
  Mr. Speaker, this bipartisan bill is closely patterned on similar 
aviation legislation which the Congress enacted after the TWA 800 crash 
in 1996. This bill sets up a basic procedural framework for giving 
timely information to rail accident victims and their families and for 
dealing sensitively with the families.
  The bill puts the National Transportation Safety Board in the role of 
the central coordinator, but relies heavily on private nonprofit 
organizations to handle much of the direct dealings with victims and 
with their families.

                              {time}  1430

  Legislation is not based on any particular deficiencies in Amtrak's 
dealing with accident victims. In fact, Amtrak already has begun to 
adopt many of the procedures contained in this bill. Rather, we want to 
have in place a set of proven procedures for any and all future 
providers of interstate intercity rail services and of high-speed rail 
service.
  The 1997 Amtrak Reform and Accountability Act ended Amtrak's former 
statutory monopoly of intercity rail passenger service, and allowed the 
States to choose alternative operators.
  Since that law was enacted, a number of States have begun efforts to 
launch new conventional or high-speed rail passenger service. 
Therefore, we need to be prepared for a future of multiple rail 
passenger service providers.
  This is highly effective and cost-conscious legislation. It builds on 
proven experience under the counterpart aviation law, and like that 
law, relies heavily on private, nonprofit organizations with a minimum 
of costs to our government.
  The NTSB, for example, already has staff in place who deal with 
accident situations and relations with victims and with their families.
  Mr. Speaker, I urge that this legislation be approved, and I reserve 
the balance of my time.
  The SPEAKER pro tempore (Mr. Miller of Florida). The gentleman from 
West Virginia (Mr. Rahall) is recognized to control the 20 minutes of 
time for the minority party.
  Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the gentleman from Wisconsin (Mr. Petri) has explained 
the nature of the pending measure. I would simply note that it is an 
important one because it recognizes the human pain and suffering 
associated with severe injury and loss of life that unfortunately does 
occur at times in passenger rail service, so I urge the adoption of the 
pending measure.
  Mr. Speaker, I yield back the balance of my time.
  Mr. PETRI. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Wisconsin (Mr. Petri) that the House suspend the rules 
and pass the bill, H.R. 2681.
  The question was taken; and (two-thirds having voted in favor 
thereof), the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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