IIB 
108TH CONGRESS 
1ST SESSION 
H. R. 874
IN THE SENATE OF THE UNITED STATES 
MAY 9, 2003
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To establish a program, coordinated by the National Trans-
portation Safety Board, of assistance to families of pas-
sengers involved in rail passenger accidents.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 874 RFS 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Rail Passenger Dis-
aster Family Assistance Act of 2003’’. 
SEC. 2. ASSISTANCE BY NATIONAL TRANSPORTATION SAFE-
TY BOARD TO FAMILIES OF PASSENGERS IN-
VOLVED IN RAIL PASSENGER ACCIDENTS. 
(a) IN GENERAL.—Subchapter III of chapter 11 of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘§ 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 result-
ing 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 serv-
ices 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 pas-
sengers involved in the accident and a liaison be-
tween the rail passenger carrier and the families; 
and 
‘‘(2) designate an independent nonprofit organi-
zation, with experience in disasters and posttrauma
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communication with families, which shall have pri-
mary responsibility for coordinating the emotional 
care and support of the families of passengers in-
volved 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 pas-
sengers involved in the accident as to the roles of—
‘‘(A) the organization designated for an ac-
cident 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 ORGANIZA-
TION.—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.
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‘‘(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 trav-
eled 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 des-
ignated for the accident under subsection (a)(1), de-
termines 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 responsi-
bility 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 acci-
dent 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 ac-
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cident. A rail passenger carrier shall use rea-
sonable 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 acci-
dent. 
‘‘(B) REQUESTS BY DESIGNATED ORGANI-
ZATION.—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 ob-
tained under paragraph (1) but may provide infor-
mation 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 max-
imum extent practicable, ensure that the families of pas-
sengers involved in the accident—
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‘‘(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
RE-
SOURCES.—To the extent practicable, the organization 
designated for an accident under subsection (a)(2) shall 
coordinate its activities with the rail passenger carrier in-
volved 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 un-
solicited communication concerning a potential ac-
tion for personal injury or wrongful death may be
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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 car-
rier) 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 em-
ployees, agents, or volunteers of an organization des-
ignated for an accident under subsection (a)(2) from 
providing mental health and counseling services 
under subsection (c)(1) in the 30-day period begin-
ning 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 au-
thorities are notified of the determination. 
‘‘(h) DEFINITIONS.—In this section, the following 
definitions apply:
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‘‘(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 sec-
tion 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 pro-
viding—
‘‘(A) interstate intercity rail passenger 
transportation (as such term is defined in sec-
tion 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’ in-
cludes—
‘‘(A) an employee of a rail passenger car-
rier aboard a train;
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the accident, the Board shall assist, to the maximum 
extent possible, the agency to which the Board has 
relinquished investigative priority in assisting fami-
lies with respect to the accident.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for such chapter is amended by inserting after the 
item relating to section 1137 the following:
‘‘1138. Assistance to families of passengers involved in rail passenger acci-
dents.’’.
SEC. 3. RAIL PASSENGER CARRIER PLANS TO ADDRESS 
NEEDS OF FAMILIES OF PASSENGERS IN-
VOLVED IN RAIL PASSENGER ACCIDENTS. 
(a) IN GENERAL.—Part C of subtitle V of title 49, 
United States Code, is amended by adding at the end the 
following new chapter: 
‘‘CHAPTER 251—FAMILY ASSISTANCE
‘‘Sec. 
‘‘25101.
Plans to address needs of families of passengers involved in rail pas-
senger accidents.
‘‘§ 25101.
Plans to address needs of families of pas-
sengers involved in rail passenger acci-
dents 
‘‘(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
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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 in-
clude, 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 serv-
ices 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 car-
rier will provide to the director of family support 
services designated for the accident under section
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1138(a)(1) of this title, and to the organization des-
ignated 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 res-
ervations on other trains, for the rail passenger car-
rier 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 pas-
senger 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 fam-
ily of a passenger, any possession of the passenger 
within the control of the rail passenger carrier (re-
gardless of its condition) will be returned to the fam-
ily unless the possession is needed for the accident 
investigation or any criminal investigation. 
‘‘(7) An assurance that any unclaimed posses-
sion of a passenger within the control of the rail
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passenger carrier will be retained by the rail pas-
senger carrier for at least 18 months. 
‘‘(8) An assurance that the family of each pas-
senger or other person killed in the accident will be 
consulted about construction by the rail passenger 
carrier of any monument to the passengers, includ-
ing 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 pas-
sengers. 
‘‘(10) An assurance that the rail passenger car-
rier 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 car-
rier will provide reasonable compensation to any or-
ganization designated under section 1138(a)(2) of 
this title for services provided by the organization. 
‘‘(12) An assurance that the rail passenger car-
rier will assist the family of a passenger in traveling 
to the location of the accident and provide for the
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physical care of the family while the family is stay-
ing at such location. 
‘‘(13) An assurance that the rail passenger car-
rier will commit sufficient resources to carry out the 
plan. 
‘‘(14) An assurance that the rail passenger car-
rier will provide adequate training to the employees 
and agents of the carrier to meet the needs of sur-
vivors 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 per-
formance of the rail passenger carrier in preparing or pro-
viding a passenger list, or in providing information con-
cerning 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—
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‘‘(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 in-
volved 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 obli-
gations that a rail passenger carrier may have, in pro-
viding assistance to the families of passengers involved in 
a rail passenger accident.’’. 
(b) CONFORMING AMENDMENT.—The table of chap-
ters for subtitle V of title 49, United States Code, is 
amended by adding after the item relating to chapter 249 
the following new item:
‘‘251. FAMILY ASSISTANCE ..........................................................
25101’’.
SEC. 4. ESTABLISHMENT OF TASK FORCE. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation, in cooperation with the National Transportation 
Safety Board, organizations potentially designated under 
section 1138(a)(2) of title 49, United States Code, rail 
passenger carriers, and families which have been involved 
in rail accidents, shall establish a task force consisting of 
representatives of such entities and families, representa-
tives of passenger rail carrier employees, and representa-
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tives of such other entities as the Secretary considers ap-
propriate. 
(b) MODEL PLAN AND RECOMMENDATIONS.—The 
task force established pursuant to subsection (a) shall de-
velop—
(1) a model plan to assist passenger rail car-
riers in responding to passenger rail accidents; 
(2) recommendations on methods to improve 
the timeliness of the notification provided by pas-
senger rail carriers to the families of passengers in-
volved in a passenger rail accident; 
(3) recommendations on methods to ensure that 
the families of passengers involved in a passenger 
rail accident who are not citizens of the United 
States receive appropriate assistance; and 
(4) recommendations on methods to ensure that 
emergency services personnel have as immediate and 
accurate a count of the number of passengers on-
board the train as possible. 
(c) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary shall transmit 
to Congress a report containing the model plan and rec-