19–006

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 

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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 

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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. 

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(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 

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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. 

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• 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 submitted

under 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. 

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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. 

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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 fed- eral 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 privatesector 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 any person 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 

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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 

* * * * * * *

10

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 

* * * * * * *

§ 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. 

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(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 SERV- ICES.—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. 

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(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 investigaVerDate Dec 13 2002 13:17 Mar 19, 2003 Jkt 019006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6603 E:\HR\OC\HR039.XXX HR039
13

tive 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

241. GENERAL .................................................................................................. 24101

* * * * * * *

251. FAMILY ASSISTANCE ............................................................................. 25101

* * * * * * *

CHAPTER 251—FAMILY ASSISTANCE

Sec. 

25101. Plans to address needs of families of passengers involved in rail passenger 

accidents.

§ 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 

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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 

15

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. 

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