[House Report 108-39]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     108-39

======================================================================



 
         RAIL PASSENGER DISASTER FAMILY ASSISTANCE ACT OF 2003

                                _______
                                

 March 18, 2003.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 874]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 874) to establish a program, 
coordinated by the National Transportation Safety Board, of 
assistance to families of passengers involved in rail passenger 
accidents, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                              Introduction

    Reacting to the post-accident events arising out of the 
1996 Value Jet and TWA 800 passenger aircraft crashes, the 
House approved the Aviation Disaster Family Assistance Act, 
enacted as Title VII of the Federal Aviation Reauthorization 
Act of 1996 (P.L. 104-264, 110 Stat. 3264). This law was 
extended to cover foreign air carriers in 1997 (P.L. 105-148). 
Further changes to this regime of assistance for aviation 
disaster victims were recommended by the task force created 
under the original 1996 legislation. In 1999, the Committee (H. 
Rep. No. 106-167, Part 1) and Congress passed H.R. 1000, the 
Aviation Investment and Reform Act for the 21st Century, 
incorporating the recommended changes (P.L. 106-181, 114 Stat. 
129).
    The present legislation, H.R. 874, establishes procedures 
to ensure timely and sensitive handling of intercity passenger 
rail accident information needed by accident victims and their 
families. It tracks as closely as possible the aviation 
disaster assistance legislation, proven successful over the 
last three years, and incorporates the recent changes approved 
by the House. Certain modifications were necessary. For 
example, many intercity passenger trains do not have a 
comprehensive passenger manifest, because passenger boarding 
can occur on an unreserved basis, and at intermediate points on 
a rail journey.
    The bill would apply to Amtrak and other intercity rail 
passenger service. Amtrak is the only current passenger rail 
carrier that would be affected by the provisions of the bill. 
Amtrak is already modifying its plans to respond more 
expeditiously to the needs of families of rail passenger 
accident victims. Over the next few years, there may well be 
multiple operators of rail passenger service besides Amtrak. A 
number of States have already investigated or begun planning 
for high-speed rail corridors. The ICC Termination Act of 1995 
abolished Federal market entry regulation of rail passenger 
service. In 1997, the Amtrak Reform and Accountability Act 
ended the former statutory monopoly of Amtrak over intercity 
rail passenger service and authorized compacts among States to 
support intercity rail passenger service. In light of these 
developments, the Committee considers it prudent to have a 
comprehensive procedural model in place for any future 
passenger operators to follow in preparing for dealings with 
accident victims and their families.
    The bill's necessary modifications to the aviation 
legislation prototype are explained in the accompanying 
section-by-section analysis, including the statutory 
definitions of ``rail passenger accident'' and ``rail passenger 
carrier.'' The Committee intends the legislation to cover rail 
passenger accidents involving substantial on-board casualties, 
but not situations involving only injuries or fatalities among 
persons trespassing on railroad tracks or in vehicles involved 
in grade-crossing collisions. As with the limitations described 
above, casualties of this type typically involve persons who 
are in their home region and usually not far from home. 
Moreover, the rail carrier has no prior contact with or 
knowledge of such persons, and therefore no relevant 
information to convey.
    The key features of H.R. 874 include procedures to assure 
timely and sensitive handling of accident information needed by 
accident victims and their families. This information is 
coordinated among the National Transportation Safety Board 
(NTSB), the rail passenger carrier, and a designated non-profit 
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 
families may be in shock and not emotionally capable of making 
sound decisions about possible legal redress. This provision 
would not apply to lawyers seeking to represent railroad 
employees. The bill also ensures orderly preparedness by rail 
passenger carriers for accidents by requiring comprehensive 
plans to be in place governing each carrier's procedures for 
handling post-accident information and family assistance.

                               Conclusion

    The Rail Passenger Disaster Family Assistance Act of 2003 
builds on the successful procedures put in place for aviation 
disasters over the past several years. As rail passenger 
service continues to grow in importance and diversity within 
our transport system, the need for similar procedures to ensure 
timely handling of needed information and sensitive treatment 
of accident victims and their families is also likely to grow. 
The Committee believes that it is wise policy to have proven 
procedures in place for any future rail passenger accidents, 
especially in light of the positive practical experience gained 
under the 1996 aviation legislation.

   Rail Passenger Disaster Family Assistance Act of 2003 Section-by-
                            Section Analysis


Section 1

    This section provides that the Act may be cited as the 
``Rail Passenger Disaster Assistance Act of 2003.''

Section 2

    This section authorizes the National Transportation Safety 
Board (NTSB) to provide assistance to families of passengers 
involved in major rail passenger accidents within the United 
States. The provision applies only to accidents involving 
interstate, intercity rail passenger carriers, or interstate or 
intrastate high-speed rail carriers, but not to those involving 
tourist, historic, scenic, or excursion rail carriers.
    Subsection 2(a) of the bill adds a new section 1138 to 
title 49 that lays out the responsibilities of the NTSB and an 
independent organization designated by the NTSB.
    Subsection (a) of section 1138 directs the NTSB Chairman to 
take action as soon as practical after being notified of a rail 
passenger accident resulting in a major loss of life. This 
terminology is used to give the agency flexibility in deciding 
when to invoke the procedures of this section. Where the 
procedures of this bill are invoked, the Chairman is required 
to take the following actions:
    (1) Designate an NTSB employee as a director of family 
support services who shall be a point of contact within the 
government for the families, and a liaison between the rail 
passenger carrier and the families.
    (2) Designate an independent organization with experience 
in disasters to be responsible for coordinating the emotional 
care and support of the families of passengers involved in the 
accident.
    Subsection (b) of section 1138 states the NTSB shall have 
the primary Federal responsibility for facilitating the 
recovery and identification of passengers killed in the 
accident and communicating with the families of passengers 
involved in the accident as to the roles of the independent 
organization, government agencies, and the rail passenger 
carrier involved in the accident.
    Subsection (c) of section 1138 sets forth the following 
specific responsibilities of the independent organization 
designated in subsection (a):
    (1) Provide mental health and counseling services in 
coordination with the rail passenger carrier.
    (2) Provide an environment where the families can grieve in 
private, free from intrusion by lawyers and the press.
    (3) Meet with families who come to the scene, contact the 
other families, and stay in contact until such time as 
assistance is no longer needed.
    (4) Arrange a suitable memorial service in consultation 
with the families.
    Subsection (d) of section 1138 directs the NTSB's director 
of family support services to request the passenger list as 
soon as possible. The rail passenger carrier is to 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 the train involved in 
an accident. The subsection also gives the designated 
organization the option of requesting the list. Recipients of 
that list could not release it publicly, but they could use it 
to provide information to the families.
    Subsection (e) of section 1138 requires that the NTSB brief 
the families prior to any public briefing about the accident. 
Additionally, the Board is required to individually inform the 
families about and allow them to attend any public hearings or 
Board meetings about the accident.
    Subsection (f) of section 1138 requires the designated 
organization to coordinate its activities with the rail 
passenger carrier and enables it to use the resources of the 
carrier to help it perform its duties under this legislation.
    Subsection (g) of section 1138 prohibits any person from 
impeding the NTSB, the director of family support services, or 
designated organization in carrying out their responsibilities 
or the ability of the families to have contact with one 
another. This subsection also includes a prohibition on lawyers 
making unsolicited communications to families or individuals 
injured in the accident (other than an employee of the rail 
passenger carrier) before the 45th day following the date of 
the accident. The subsection also provides that no state or 
political subdivision may prevent the employees, agents, or 
volunteers of the designated organization from providing mental 
health and counseling services in the 30 days after the 
accident. The director of family support services may extend 
this period an additional 30 days.
    Subsection (h) of section 1138 defines a rail passenger 
accident under this bill as a rail disaster occurring in the 
provision of interstate, intercity rail passenger 
transportation or interstate or intrastate high-speed rail 
passenger transportation, regardless of its cause or suspected 
cause. A rail passenger carrier is defined as a rail carrier 
providing interstate intercity rail passenger transportation or 
interstate or intrastate high-speed rail passenger 
transportation, except that it does not include a tourist, 
historic, scenic, or excursion rail carrier. It also defines 
passenger so that rail carrier employees aboard the train, as 
well as other victims not aboard the train, are afforded the 
same treatment from NTSB and the designated organization that 
passengers aboard the train receive under this legislation.
    Subsection (i) of section 1138 provides that nothing in the 
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.
    Subsection (j) of section 1138 provides that the procedures 
of section 1138 (other than the prohibition on impeding the 
NTSB, on unsolicited attorney contact, and the guarantee of 
access to mental health and counseling services) shall not 
apply when the NTSB has relinquished investigative authority to 
a federal criminal investigative agency. In such circumstances, 
the subsection directs the NTSB to assist the agency with 
primary investigative responsibility in helping families of 
accident victims.
    Subsection (b) of Section 2 contains a conforming 
amendment.

Section 3

    Section 3 enacts a new section 25101, title 49, United 
States Code. Subsection (a) of section 25101 requires each rail 
passenger carrier to submit to the Secretary of Transportation 
and the Chairman of the NTSB a plan for addressing needs of 
families relating to major rail passenger carrier accidents.
    Subsection (b) of section 25101 lists the minimum 
requirements for family assistance plans to be submitted by 
rail passenger carriers. These include:
     A plan for publicizing a reliable, toll-free phone 
number and staff to handle calls from passengers' families.
     A process for notifying families of passengers, 
prior to public release of passenger names, either through the 
designated charitable organization or other suitably trained 
individuals.
     An assurance that families will be notified that 
an individual was aboard the train involved in the accident as 
soon as that fact has been verified.
     An assurance that the rail passenger carrier will 
provide to the NTSB director of family support services and to 
the designated charitable organization a list of passengers 
based on the best information available, with periodic updates. 
The carrier is to use reasonable efforts to obtain names of 
passengers aboard the train involved in the accident.
     An assurance that the family of a passenger will 
be consulted about disposition of remains and personal effects 
within the carrier's control.
     An assurance that personal effects of a passenger 
within the carrier's control will be returned to the family 
unless needed for accident or criminal investigation purposes.
     An assurance that any unclaimed passenger 
possessions within the carrier's control will be retained by 
the carrier for at least 18 months after the accident.
     An assurance that the family of each person killed 
in an accident will be consulted about construction by the 
carrier of any monument to the passengers, including any 
inscription.
     An assurance that revenue and nonrevenue 
passengers' families will be given equal treatment.
     An assurance that the carrier will work with the 
designated charitable organization to ensure that the 
passengers' families receive an appropriate level of service 
and assistance.
     An assurance that the carrier will provide 
reasonable compensation to the designated charitable 
organization.
     An assurance that the carrier will assist the 
family of a passenger to travel to the location of the accident 
and provide for the family's physical care while staying at 
that location.
     An assurance that the rail passenger carrier will 
commit sufficient resources to carry out the family assistance 
plan.
     An assurance that the 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.
     An assurance that, upon request by a passenger's 
family, the carrier will inform the family whether the 
passenger's name appeared on a preliminary manifest for the 
train involved in the accident.
    Subsection (c) provides that a carrier shall not be held 
liable under Federal or State law for action arising out of 
preparation or providing of passenger lists, or providing 
information regarding a train reservation, pursuant to a family 
assistance plan submittedunder section 25101, except for gross 
negligence by the carrier or intentional misconduct by the carrier.
    Subsection (d) defines ``rail passenger accident'' and 
``rail passenger carrier'' to conform to section 1138, as well 
as defining a passenger as a person aboard a train covered by 
the foregoing standards that are involved in an accident.
    Subsection (e) provides that section 25101 does not limit 
actions a rail passenger carrier may take, or its obligations, 
in providing assistance of families of passengers involved in a 
rail passenger accident.
    Subsection (f) makes a conforming amendment.

Section 4

    Subsection (a) requires DOT, in cooperation with NTSB, to 
establish a task force that includes potentially designated 
charitable organizations and families involved in past rail 
passenger accidents. (A technical change has been made in the 
Committee-approved text to clarify that since actual 
designations of charitable organizations will be made on a 
case-by-case basis for individual accidents, the task force 
will necessarily include potentially designated organizations 
of this type.)
    Subsection (b) requires the task force to develop:
     A model plan to assist rail passenger carriers in 
responding to passenger train accidents.
     Recommendations on how to improve timeliness of 
notification to families of passengers involved in accidents.
     Recommendations on methods to ensure that non-
citizen passengers receive appropriate post-accident 
assistance.
     Recommendations to ensure that emergency services 
personnel have as immediate and accurate a count as possible of 
passengers on board a train involved in an accident.
    Subsection (c) requires the Secretary of Transportation to 
transmit the task force's model plan and recommendations within 
1 year of enactment.

                    Hearings and Legislative History

    No hearings were held by the Committee on H.R. 874.

                        Committee Consideration

    On February 26, 2003, the Full Committee met in open 
session and favorably reported H.R. 874.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each roll call vote on a motion 
to report and on any amendment offered to the measure or 
matter, and the names of those members voting for and against. 
There were no roll call votes.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee's oversight findings 
and recommendations are reflected in this report.

                          Cost of Legislation

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance with House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
bill does not authorize funding.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 874 
from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 12, 2003.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 874, the Rail 
Passenger Disaster Assistance Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact are Rachel 
Milberg (for federal costs), Greg Waring (for the impact on 
state and local governments), and Cecil McPherson (for the 
impact on the private sector).
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 874--Rail Passenger Disaster Family Assistance Act of 2003

    The National Transportation Safety Board (NTSB) 
investigates every civil aviation accident and significant 
accidents in other modes of transportation. H.R. 874 would 
require the NTSB to offer assistance to the families of 
passengers involved in a rail accident that results in a major 
loss of life. H.R. 874 also would require the Secretary of 
Transportation to establish a task force that would recommend 
ways to improve family assistance and to more accurately count 
the number of passengers on board a train involved in an 
accident.
    CBO estimates that implementing H.R. 874 would cost the 
federal government less than $500,000 each year. Enacting H.R. 
874 would not affect direct spending or receipts.
    The bill would impose intergovernmental mandates and 
private-sector mandates as defined by the Unfunded Mandates 
Reform Act (UMRA). CBO estimates that the direct costs of those 
mandates would not exceed the annual thresholds established in 
UMRA in any of the next five years. The threshold for 
intergovernmental mandates is $59 million in 2003, and the 
threshold for private-sector mandates is $117 million in 2003; 
those thresholds are adjusted annually for inflation.
    H.R. 874 would prohibit states from blocking the NTSB, or 
agencies designated to provide counseling services, from 
providing support to families of the victims of passenger rail 
accidents. The bill also would limit the liability of passenger 
rail carriers when they provide certain information regarding 
passenger lists and reservations. Those provisions would impose 
intergovernmental mandates under UMRA. While they would limit 
state authority, however, the provisions would impose no duty 
on states that would result in additional spending. 
Consequently, the threshold established in UMRA would not be 
exceeded.
    H.R. 874 would impose three new federal mandates on the 
private sector, but CBO estimates that their total direct costs 
would fall well below the threshold ($117 million in 2003, 
adjusted annually for inflation) established in UMRA. First, 
the bill would prohibit anyperson from hindering the ability of 
the NTSB and the nonprofit organization designated by the NTSB to carry 
out their responsibilities under the bill or from hindering the ability 
of families of passengers to contact one another.
    Second, attorneys or other potential parties would be 
prohibited for a 45-day period from making unsolicited contact 
concerning potential legal action with injured passengers or 
family members. Information provided by the legal community 
indicates that state bar associations have a variety of 
regulations governing the action of attorneys after such 
disasters, but most do not prohibit such contact for a period 
as long as 45 days. CBO estimates that the private sector's 
cost of compliance with those prohibitions would be small.
    The third mandate would require passenger rail carriers to 
submit a plan detailing assurances and procedures to be invoked 
in case of a railway accident involving a major loss of life. 
Such a plan would have to be submitted to the NTSB and to the 
Secretary of Transportation no later than six months after the 
enactment of the bill. According to industry experts, Amtrak is 
the only current passenger rail carrier that would be affected 
by the provisions in the bill. Currently, Amtrak has 
contingency plans for responding to the needs of families of 
rail accident passengers. According to Amtrak, the additional 
cost of any further modifications to incorporate the provisions 
in the bill and the cost of submitting the plan to the NTSB 
would be small. There also could be direct savings to Amtrak, 
as the bill limits the liability of the passenger rail carrier 
arising from its preparing or providing a passenger list 
required by the bill.
    The staff contacts for this estimate are Rachel Milberg 
(for federal costs), Greg Waring (for the state and local 
impact), and Cecil McPherson (for the private-sector impact). 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *



SUBTITLE II--OTHER GOVERNMENT AGENCIES

           *       *       *       *       *       *       *


            CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD


                          SUBCHAPTER I--GENERAL

Sec.
1101.  Definitions.
     * * * * * * *

                        SUBCHAPTER III--AUTHORITY

1131.  General authority.
     * * * * * * *
1138.  Assistance to families of passengers involved in rail passenger 
          accidents.
     * * * * * * *

SUBCHAPTER III--AUTHORITY

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


                       SUBTITLE V--RAIL PROGRAMS

     * * * * * * *

                    PART C--PASSENGER TRANSPORTATION

      GENERAL......................................................24101
     * * * * * * *
25101AMILY ASSISTANCE.................................................

           *       *       *       *       *       *       *


                     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.

           *       *       *       *       *       *       *


                                
