[Congressional Record Volume 147, Number 21 (Wednesday, February 14, 2001)]
[House]
[Pages H329-H334]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         RAIL PASSENGER DISASTER FAMILY ASSISTANCE ACT OF 2001

  Mr. REYNOLDS. Madam Speaker, by direction of the Committee on Rules, 
I call up House Resolution 36 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                               H. Res. 36

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 554) to establish a program, coordinated by 
     the National Transportation Safety Board, of assistance to 
     families of passengers involved in rail passenger accidents. 
     The first reading of the bill shall be dispensed with. 
     General debate shall be confined to the bill and shall not 
     exceed one hour equally divided and controlled by the 
     chairman and ranking minority member of the Committee on 
     Transportation and Infrastructure. After general debate the 
     bill shall be considered for amendment under the five-minute 
     rule. Each section of the bill shall be considered as read. 
     During consideration of the bill for amendment, the Chairman 
     of the Committee of the Whole may accord priority in 
     recognition on the basis of whether the Member offering an 
     amendment has caused it to be printed in the portion of the 
     Congressional Record designated for that purpose in clause 8 
     of rule XVIII. Amendments so printed shall be considered as 
     read. At the conclusion of consideration of the bill for 
     amendment the Committee shall rise and report the bill to the 
     House with such amendments as may have been adopted. The 
     previous question shall be considered as ordered on the bill 
     and amendments thereto to final passage without intervening 
     motion except one motion to recommit with or without 
     instructions.

  The SPEAKER pro tempore (Mrs. Emerson). The gentleman from New York 
(Mr. Reynolds) is recognized for 1 hour.
  (Mr. REYNOLDS asked and was given permission to revise and extend his 
remarks, and include extraneous material.)
  Mr. REYNOLDS. Madam Speaker, for the purpose of debate only, I yield 
the customary 30 minutes to the gentlewoman from New York (Ms. 
Slaughter), pending which I yield myself such time as I may consume. 
During consideration of this resolution, all time yielded is for the 
purpose of debate only.
  Madam Speaker, House Resolution 36 is an open rule providing for the 
consideration of H.R. 554, a bill to establish a program coordinated by 
the National Transportation Safety Board, to offer assistance to the 
families of passengers involved in rail passenger accidents.
  The rule provides for 1 hour of general debate, equally divided and 
controlled by the chairman and the ranking member of the Committee on 
Transportation and Infrastructure. The rule also provides that the bill 
shall be open for amendment by section at any point and authorizes the 
chairman of the Committee of the Whole to accord priority in 
recognition to Members who have preprinted their amendments in the 
Congressional Record. Finally, the rule provides for one motion to 
recommit, with or without instruction.
  Madam Speaker, I rise in strong support of the bill before us, H.R. 
554, the

[[Page H330]]

Rail Passenger Disaster Family Assistance Act. This bill is 
substantially identical to legislation with the same name passed by 
voice vote in the 106th Congress on October 4, 1999. Unfortunately, 
that legislation was never taken up by the Senate before the 
adjournment of the 106th Congress.
  Congress addressed a similar issue in 1996 by passing the Aviation 
Disaster Family Assistance Act of 1996. In response to the Value Jet 
and TWA 800 tragedies, Congress approved this measure to coordinate and 
distribute information to family members in an efficient and sensitive 
manner.
  The next logical step for Congress to take is to extend the same 
service to families of victims of railroad disasters. The nature of 
tragedies is that they occur suddenly and without warning. The manner 
in which these situations are handled in the immediate hours and days 
following the incident are critical. Providing information quickly and 
accurately not only saves lives, but offers assurances to family 
members and loved ones.
  In fact, just last week, on Monday, February 5, 2001, an Amtrak train 
caring 98 passengers collided with a lumber freight train in my home 
State of New York. Fortunately the accident was not fatal, but there 
were sent to area hospitals several who were affected by the railroad 
incident due to serious injuries.
  This is a poignant example of the need to synchronize search and 
rescue efforts with the dissemination of information to family members 
in the face of catastrophe.
  This legislation establishes points of contact both within the 
National Transportation Safety Board and from an independent nonprofit 
organization in order to coordinate emotional care and support to 
family members, directly addressing the need to keep families informed.
  Madam Speaker, I would like to commend the chairman of the Committee 
on Transportation and Infrastructure, the gentleman from Alaska (Mr. 
Young), and the ranking member, the gentleman from Minnesota (Mr. 
Oberstar), for their hard work on this measure.
  I would also like to recognize the efforts of my colleague and 
western New York neighbor, the gentleman from New York (Mr. Quinn), the 
newly appointed chairman of the Subcommittee on Railroads.
  Madam Speaker, I urge my colleagues to support this rule and the 
underlying legislation.
  Madam Speaker, I reserve the balance of my time.
  Ms. SLAUGHTER. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I thank the gentleman for yielding me the customary 30 
minutes.
  Madam Speaker, I rise in support of this open rule. The underlying 
bill is noncontroversial and was passed under suspension of the rules 
last Congress by a voice vote.
  The measure is intended to deal with the tragedy of rail accidents 
involving substantial on-board casualties. The key features of H.R. 554 
include procedures to assure timely and sensitive handling of 
information needed by accident victims and their families. This 
information is coordinated among the National Transportation Safety 
Board, the rail passenger carrier, and a designated nonprofit 
charitable organization. The designated organization is in charge of 
providing necessary counseling services, ensuring a private venue for 
families to grieve, and assisting families in a variety of matters, 
including a possible memorial service.
  The legislation also protects the victims and their families against 
unsolicited and intrusive contacts by attorneys in the immediate post-
accident environment, when the families may be in shock and not 
emotionally capable of making sound decisions about possible legal 
redress. Moreover, the bill also ensures orderly preparedness by rail 
carriers for accidents by requiring comprehensive plans to be in place 
governing each carrier's procedures for handling post-accident 
information and family assistance.
  Madam Speaker, again, I know of no controversy surrounding this 
measure.
  Madam Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. REYNOLDS. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, just in closing, today is a special day for my good 
friend, the gentleman from New York (Mr. Quinn), as he now chairs the 
Subcommittee on Railroads. I know how proud his mother and father are, 
as his father Jack, Sr., was a career railroader in the Buffalo area. 
So today I look forward to seeing the gentleman from New York (Mr. 
Quinn) bring this bill on as his first as a subcommittee chairman.
  Mr. REYNOLDS. Madam Speaker, I have no further requests for time, I 
yield back the balance of my time, and I move the previous question on 
the resolution.
  The previous question was ordered.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.
  The SPEAKER pro tempore (Mr. Reynolds). Pursuant to House Resolution 
36 and rule XVIII, the Chair declares the House in the Committee of the 
Whole House on the State of the Union for the consideration of the 
bill, H.R. 554.

                              {time}  1027


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 554) to establish a program, coordinated by the National 
Transportation Safety Board, of assistance to families of passengers 
involved in rail passenger accidents, with Mrs. Emerson in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered as having 
been read the first time.
  Under the rule, the gentleman from New York (Mr. Quinn) and the 
gentleman from Tennessee (Mr. Clement) each will control 30 minutes.
  The Chair recognizes the gentleman from New York (Mr. Quinn).
  Mr. QUINN. Madam Chairman, I yield myself such time as I may consume.
  Madam Chairman, before I rise in support of our bill this morning, I 
would like to welcome the gentleman from Tennessee (Mr. Clement) as my 
partner on the new Subcommittee on Railroads. As I think almost 
everyone in the House realizes this year, the Committee on 
Transportation and Infrastructure added a separate Subcommittee on 
Railroads.
  The gentleman from Tennessee (Mr. Clement) and I have been friends 
for quite some time on the full committee; and I am delighted to join 
with him this next term, the next couple of years, to bring legislation 
to the floor.
  While we are not able to do commercial breaks here, I would like to 
offer to Mr. Clement a copy of Stephen Ambrose's book entitled 
``Nothing Like It in the World,'' which talks about the men and the 
women who built the Transcontinental Railroad between 1863 and 1869, as 
a reference tool.

                              {time}  1030

  Having been an English teacher, I say to the gentleman, there will 
not be any quiz, but I have my own copy of this. As we work our way 
through those difficult, difficult subcommittee hearings of ours, we 
will find some time to remember why we do the work we do when we see 
how the people did it for us some century-and-a-half ago.
  Mr. CLEMENT. Madam Chairman, will the gentleman yield?
  Mr. QUINN. I yield to the gentleman from Tennessee.
  Mr. CLEMENT. Madam Chairman, I thank the gentleman very much for his 
gift.
  Mr. QUINN. Madam Chairman, I rise in support of the Rail Passenger 
Disaster Family Assistance Act, a commonsense bipartisan bill to 
address a gap in our current transportation laws.
  The bill is substantially identical to H.R. 2681 approved by the 
Committee on Transportation and Infrastructure in the full House, I 
might add, in our last 106th Congress, but never acted upon by the 
other body in the Senate.
  I am pleased that this is the first piece of legislation from our 
committee under our new chairman, the gentleman from Alaska (Mr. 
Young). As chairman of the newly formed Subcommittee on Railroads, I 
strongly support the bill, and urge our colleagues to do the same.
  Members may recall that several years ago after some terrible, 
terrible

[[Page H331]]

incidents, most notably the 1996 ValuJet and TWA crashes, the families 
of crash victims were poorly treated by the carriers, the media, and by 
some lawyers.
  The Congress responded by enacting an aviation law that placed the 
National Transportation Safety Board and suitable private charitable 
organizations in charge of coordinating efforts to protect the privacy 
of crash victims' families, and to assure that they receive the most 
current information possible from the carrier.
  The law has been quite successful in improving the situation for 
crash victims' families. Since its enactment, it has been updated and 
expanded in 1997, and again in 1999.
  Today, H.R. 554, this bill that the gentleman from Tennessee and I 
bring to the floor, is virtually a clone of that aviation law, but it 
is applied to rail passenger service, both intercity and high-speed 
rail.
  Although Amtrak is currently the principal provider of intercity rail 
passenger service, a number of States are considering forming compacts 
to support their own bid for rail passenger services.
  We understand that, Madam Chairman, necessarily this bill cannot 
track the aviation statute exactly. We understand that. For example, 
some passenger trains with unreserved open boarding situations will not 
have a definite passenger manifest sheet comparable to an airline 
passenger list. Generally, however, this bill follows the aviation 
model.
  The National Transportation Safety Board is given the authority to 
invoke the procedures of the bill, including designating the NTSB 
Director of Family Support Services for the accident as a point of 
contact for all the families, and to act as liaison between the 
families and the passenger carrier.
  The NTSB has also authorized a designated independent charitable 
organization, for example, the American Red Cross, for coordinating 
emotional care and support activities for the families. NTSB is also 
made primarily responsible at the Federal level for facilitating 
recovery and identification of victims, and providing relevant 
information to the same families.
  The rail carrier itself in this bill is required to cooperate with 
the designated charitable organization to provide mental health and 
counseling services to the families, provide for a private grieving 
environment, to maintain contact with the families, and also to arrange 
any appropriate memorial service.
  The NTSB is also required to give prior briefings to the families 
before public disclosure of any information about the accident. 
Unsolicited attorney contacts with the families or victims themselves, 
other than the railroad employees, are prohibited for 45 days following 
the accident.
  To ensure that the rail and passenger carriers are prepared to 
implement the law in the event of an accident, the bill requires each 
carrier to prepare a response plan and to submit that plan to the 
Department of Transportation and the NTSB within 6 months of enactment 
detailing how the carrier will carry out the specific family assistance 
obligations under the law.
  Let me also note for the Record, Madam Chairman, that when the 
substantially identical bill was reviewed by the Congressional Budget 
Office, CBO stated in its estimate in August of 1999 that this 
legislation ``would have no significant impact on the Federal budget.''
  As to intergovernmental mandates, CBO found that the bill would not 
require States to change laws or take action. There would be no 
significant State costs, and these or any costs involved would not meet 
the threshold minimum of the Unfunded Mandates Act reform.
  The details of these evaluations, of course, are printed in the 
report of the predecessor bill on House Report 106-313. I urge prompt 
approval and careful consideration of a very bipartisan commonsense 
approach.
  Madam Chairman, I reserve the balance of my time.
  Mr. CLEMENT. Madam Chairman, I yield myself such time as I may 
consume.
  Madam Chairman, I want to congratulate my good friend, my colleague, 
the gentleman from the great State of New York (Mr. Quinn), on becoming 
chairman of the Subcommittee on Railroads.
  I want to also thank him for this wonderful book about building the 
transcontinental railroad. He knows that I am a big railroad buff, and 
I might say that my father-in-law, Noble Carson, was an old railroad 
employee from the old L&N Railroad in Nashville, Tennessee, where he 
retired. He is now deceased.
  I am a former college president and I am a real historian anyway of 
the history of this country, and how we have been able to build that 
transcontinental railroad in just a few years. In this book, it 
describes how one can build a railroad in just a few years, so we ought 
to be able to do great things working together on a bipartisan basis on 
behalf of the Committee on Railroads and our colleagues in this great 
country.
  Madam Chairman, I rise to express my support for the Rail Passenger 
Disaster Family Assistance Act of 2001. This legislation gives 
relatives of those injured or killed in railroad accidents the same 
rights as the families of airline disaster victims.
  These families deserve the same sensitive treatment we afford to 
others following air disasters. What could be worse than having someone 
you love involved in a railroad disaster, only to find that there is no 
place to call for information, no one to explain whether one's husband, 
wife, son, or daughter was on that train, whether they were injured or 
deceased, but instead having to wait for hours to get any word, and at 
the same time, being hounded by lawyers for a lawsuit.
  This legislation addresses all of those issues. It calls for the rail 
passenger carrier to have a plan for providing and publicizing a toll-
free number for families to call. The carrier must outline a process 
for notifying the families before notifying the public. This 
notification should be carried out in person, when possible.
  This legislation ensures that families will be consulted about all 
remains and personal effects, to the best of the rail passenger 
carrier's ability. It says these possessions will be returned to the 
family unless needed for the crash investigation, and that unclaimed 
possessions will be held for 18 months.
  Madam Chairman, this legislation gives the families of all passengers 
the right to be consulted about the construction by the rail passenger 
carrier of any monument for the disaster victims. It designates a point 
of contact person to act as a liaison for families. It provides for 
mental health and counseling services for family members, and it 
prohibits unsolicited communications concerning lawsuits.
  These assurances extend to the families of the employees, as well as 
the passengers, as all deserve, compassionate treatment. Every time we 
put a loved one on a train in this country, we should feel confident 
that he or she is safe. Should a tragic accident occur, however, we 
have a right to know we will be informed, treated fairly, and helped 
through the process.
  This legislation does just that. The Railroad Passenger Disaster 
Family Assistance Act offers the same treatment to families affected by 
rail disasters as we currently ensure for those affected by airline 
disasters. Legislating consistent treatment for both these groups is 
the fair thing and the right thing to do.
  As an advocate of increased passenger rail alternatives for our 
traveling population, I feel very strongly that this legislation is 
exactly the type of framework we need in place to deal with unforeseen 
tragedies. While we work harder and invest more funds to prevent such 
rail incidents, we still must be prepared at all times to react 
appropriately and in a timely manner.
  I am very pleased that this Congress is moving so quickly to pass 
H.R. 554. I urge our Senate colleagues to move quickly on passage so we 
can give this bill to President Bush as soon as possible.
  Madam Chairman, I reserve the balance of my time.
  Mr. QUINN. Madam Chairman, I yield myself such time as I may consume.
  I would like to thank the gentleman from Tennessee (Mr. Clement). I 
also would like to take this opportunity to thank the staff on our side 
and his side for preparing the legislation this morning.

[[Page H332]]

  While we will receive a lot of advice during the course of his term, 
in the next few years I am expecting advice from the gentleman and his 
staff, from my staff and others, but I am also expecting some advice 
from one Jack Quinn, Senior, back home in Buffalo, New York, who put in 
over 30 years at the South buffalo Railroad, who will also offer me 
some advice, and offered me a little this morning already. He called to 
say that I need a haircut. As we go through this, I look forward to 
working with the gentleman from Tennessee.
  Mr. OBERSTAR. Madam Chairman, I rise in strong support of H.R. 554, 
the Rail Passenger Disaster Family Assistance Act of 2001.
  Although passenger trains are a very safe way for people to travel, 
even railroads sometimes have accidents that cause serious injuries and 
loss of life. When rail passenger accidents do happen, they can occur 
in relatively remote locations and/or in the middle of the night. Moden 
communications allow for the transmission of news of the event to 
travel around the nation only minutes after it happens. Families with 
relatives on board can only hope and pray that their loved ones were 
not among those killed or injured. In some cases, the families are not 
even certain whether their loved one was on the train that had the 
accident. The tragic accident at Bourbonnais, IL, in March 1999 that 
took the lives of 11 Amtrak passengers and injured 49 others was the 
most recent such tragedy.
  At these times, it is imperative that the needs of the families of 
the accident victims be treated with as much compassion as possible and 
that their need for information about their loved ones be promptly and 
accurately addressed.
  The purpose of this legislation is to help create a process that, at 
a minimum, does not make an already highly emotional situation even 
more traumatic for family members. It requires that all passenger 
railroads engaged in interstate transportation submit a plan to the 
Secretary of Transportation and the Chairman of the National 
Transportation Safety Board (NTSB) to address the needs of families of 
passengers involved in any railroad accident where there is major loss 
of life. The plan must address a number of key areas, including the 
publication of a reliable toll-free number to handle calls from family 
members, procedures for developing passenger lists, and a process for 
notifying family members. In addition, the plan must specify the 
ongoing obligations (such as the disposition of the traveler's personal 
effects) that the carrier has with respect to the information and 
services to be provided to the family members throughout the duration 
of the disaster.
  In recognition of the need for a professional and reliable focal 
point to be responsible for interacting with family members, H.R. 554 
provides that the Chairman of the National Transportation Safety Board 
will identify a Board employee to serve as the Federal Government's 
point of contact and serve as a liaison between the railroads and the 
family members. The bill further instructs the NTSB Chairman to 
designate an independent nonprofit organization that has experience 
with disaster relief efforts, such as the Red Cross or the Salvation 
Army, to be responsible for coordinating the emotional care and support 
of the families of passengers involved in the accident. At such trying 
times, it is extremely important that families be handled by 
individuals and organizations experienced in providing compassionate 
assistance.
  I would like to stress, however, that this legislation is not in 
response to any inaction or any inappropriate actions by Amtrak. 
Indeed, Amtrak has already adopted many of the elements called for in 
this bill, and Amtrak supports this bill that largely codifies its 
current practices. However, under the Amtrak Reform and Accountability 
Act of 1997, Amtrak is no longer the only railroad that can conduct 
interstate rail passenger operations. Since that law was enacted, a 
number of states have begun efforts to launch new conventional or high-
speed rail passenger services. Therefore, we need to be prepared for a 
future of multiple rail passenger service providers.
  One element of this bill I find particularly important is the 
prohibition against unsolicited communications by attorneys until 45 
days following an accident. In times of tragedy, family members are 
especially vulnerable to the unscrupulous who would prey upon them. 
Only last week, an Amtrak passenger train rear-ended a CSX freight 
train just outside of Syracuse, NY. More than 60 people were injured, 
many of whom were physically challenged and traveling as a group. Along 
with the emergency responders, there were two men at the scene 
soliciting for legal work related to the accident. The men were handing 
out business cards and other material. This kind of shameless behavior 
is unethical; our bill would make it also illegal.

  Although I am pleased that in its Statement of Administration Policy 
the Bush Administration supports passage of this important bill, I am 
concerned that the Administration indicates that it believes there may 
be First Amendment problems with this section of the bill (Section 
2(g)(2)). To the best of my knowledge, the Administration has not 
contacted the Committee to outline the reasons for its concerns with 
the prohibition on unsolicited contact by attorneys after a rail 
accident. I hope that the Administration is aware of the 1995 Supreme 
Court decision in Florida Bar v. Went For It, Inc., in which the Court 
ruled that the First Amendment did not prohibit the Florida Bar from 
prohibiting lawyers from sending targeted direct mail solicitations to 
victims and relatives for 30 days after an accident. I see no 
difference between this decision and the prohibition in our bill.
  In addition, I hope the Administration is aware that, under current 
law, this same type of prohibition applies to unsolicited 
communications to families of the victims of airline crashes. In the 
Aviation Disaster Family Assistance Act of 1996, we recognized the 
importance of the need to provide families of aircraft accident victims 
with reliable information and compassionate treatment. I have spoken 
with aviation accident families and they have told me that the 1996 
legislation has worked well in assisting families in the most difficult 
of times. During our consideration of that Act, the Association of 
Trial Lawyers of America wrote to the Committee regarding that Act's 
aviation disaster assistance provisions and stated, in relevant part:

       * * * This legislation will lend much-needed support to the 
     families of victims of airline disasters.
       In particular, the Association strongly supports sec. 5. 
     This provision states the sense of Congress that state bar 
     associations should adopt rules prohibiting unsolicited 
     contact concerning a legal action with victims or aggrieved 
     families within 30 days of an accident. ATLA's longstanding 
     Code of Contact goes even further, and entirely prohibits 
     unsolicited contact, regardless of when the accident 
     occurred. We believe that the 30 day time period you provide 
     in the bill is a reasonable minimum period during which 
     victims and their families should not be bothered against 
     their will with the sometimes painful question of 
     compensation.
       However, we urge the committee to go further, by 
     strengthening this bill to also prohibiting unsolicited 
     contact by anyone concerning potential claims they or their 
     loved ones may have. Until a family decides to consider its 
     options with regard to compensation, no party should take 
     advantage of them during this delicate emotional time.--
     (Association of Trial Lawyers of America, September 10, 1996)

  I applaud the Association of Trial Lawyers and the many State Bar 
Associations that have supported our efforts to stop this unethical 
conduct. I look forward to working with the Administration to address 
any new concerns that it has.
  We have provided some solace to the families of victims of aviation 
disasters. We should do no less for those who choose to ride our 
nation's passenger trains.
  Mr. RAHALL. Madam Chairman, I am pleased to support the Rail 
Passenger Family Assistance Act. This bill should be enacted into law 
because it is the honorable thing to do. In the 106th Congress, I 
cosponsored a similar bill, H.R. 2681, which the House passed on 
October 4, 1999, by voice vote, but the Senate did not act on the bill. 
I look forward to a different outcome this year.
  We all hope and pray that our constituents will get to their 
destinations safely while traveling. But the harsh reality is that 
sometimes tragedies do occur. Sometimes a plane or train crashes, 
causing a major loss of life.
  In times like these, when families face the shock and pain of losing 
a loved one, the least we can do is provide every possible 
consideration to them, including grief counseling and general emotional 
support, ensuring their privacy, and helping them to arrange a fitting 
memorial service.
  After the Valujet and TWA 800 airplane tragedies in 1996, this type 
of family assistance was established for the families of loved ones 
lost in airplane crashes, but such services do not exist for families 
of those lost in interstate and intercity rail passenger service.
  While Amtrak has established an informal family-assistance program, 
there is no federal law requiring these services for families of 
victims of railroad disasters. In addition, because the 1997 Amtrak 
Reform and Accountability Act mandated competition in intercity rail 
passenger service, Amtrak will no longer be the sole rail carrier. New 
rail carriers will be established to compete with Amtrak. Such 
competition demonstrates the need for the Federal Government to enact a 
family assistance program.
  Under the Rail Passenger Disaster Family Assistance Act that we are 
considering today, a program will be established modeled after the 
program that was established for families of victims of airline 
disasters.
  The National Transportation Safety Board (NTSB) will designate one of 
its employees to

[[Page H333]]

be the contact person within the Federal Government with victims' 
families. That person's name and telephone number will be published, 
and the person will be the liaison between the victims' families and 
the rail carrier.
  The NTSB will then designate an independent disaster-assistance 
organization, such as the Red Cross, to focus on the emotional needs of 
the families: providing grief counseling and a private place in which 
to grieve, helping them to arrange memorial services and funeral 
arrangements, and preventing contact by lawyers, or their agents, for 
45 days after the tragedy, in order to help families to begin the 
healing process before taking any possible legal action.
  It is my hope that our constituents across the Nation will get to 
their destinations safely when traveling by interstate or intercity 
rail, whether it be the Amtrak Cardinal Line which passes through West 
Virginia between Huntington and White Sulphur Springs, or any other 
carrier anywhere in the Nation. However, when a rail tragedy does 
happen, we must provide every possible consideration to victim's 
families to help them through the tragedy. This bill does that.
  Finally, the Rail Passenger Disaster Family Assistance Act will have 
no significant impact on the Federal budget, based on the Congressional 
Budget Office estimate for H.R. 2681, the bill passed by the House in 
1999. Therefore, I encourage the Senate to consider the bill as soon as 
possible, and the President sign it into law, for the sake of victims' 
families.
  Mr. CLEMENT. Madam Chairman, I have no further requests for time, and 
I yield back the balance of my time.
  Mr. QUINN. Madam Chairman, I have no further requests for time, and I 
yield back the balance of my time.
  The CHAIRMAN. All time for general debate has expired.
  The bill shall be considered by sections as an original bill for the 
purpose of amendment, and pursuant to the rule, each section is 
considered read.
  During consideration of the bill for amendment, the Chair may accord 
priority in recognition to a Member offering an amendment that he or 
she has printed in the designated place in the Congressional Record. 
Those amendments will be considered read.
  The Clerk will designate section 1.
  The text of section 1 is as follows:

       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 2001''.

  The CHAIRMAN. Are there any amendments to section 1?
  If not, the Clerk will designate section 2.
  The text of section 2 is as follows:

     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. 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,


[[Page H334]]


     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 1137 the following:

``1138. Assistance to families of passengers involved in rail passenger 
              accidents.''.

  The CHAIRMAN. Are there any amendments to section 2?
  If not, the Clerk will designate section 3.
  The text of section 3 is as follows:

     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 
     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''.
  The CHAIRMAN. Are there any amendments to the bill?
  If not, under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
LaHood) having assumed the chair, Mrs. Emerson, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 554) to 
establish a program, coordinated by the National Transportation Safety 
Board, of assistance to families of passengers involved in rail 
passenger accidents, pursuant to House Resolution 36, she reported the 
bill back to the House.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. QUINN. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Under clause 8 of rule XX, further 
proceedings on this question will be postponed.

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