[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.
* * * * * * *