text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Rail Passenger Disaster Family 
  Assistance Act of 2001''.
  
  SEC. 2. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO FAMILIES 
                OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS.
  
      (a) In General.--Subchapter III of chapter 11 of title 49, United 
  States Code, is amended by adding at the end the following:
  ``Sec. 1138. Assistance to families of passengers involved in rail 
                passenger accidents
      ``(a) In General.--As soon as practicable after being notified of a 
  rail passenger accident within the United States involving a rail 
  passenger carrier and resulting in a major loss of life, the Chairman 
  of the National Transportation Safety Board shall--
              ``(1) designate and publicize the name and phone number of 
          a director of family support services who shall be an employee 
          of the Board and shall be responsible for acting as a point of 
          contact within the Federal Government for the families of 
          passengers involved in the accident and a liaison between the 
          rail passenger carrier and the families; and
              ``(2) designate an independent nonprofit organization, with 
          experience in disasters and posttrauma communication with 
          families, which shall have primary responsibility for 
          coordinating the emotional care and support of the families of 
          passengers involved in the accident.
      ``(b) Responsibilities of the Board.--The Board shall have primary 
  Federal responsibility for--
              ``(1) facilitating the recovery and identification of 
          fatally injured passengers involved in an accident described in 
          subsection (a); and
              ``(2) communicating with the families of passengers 
          involved in the accident as to the roles of--
                      ``(A) the organization designated for an accident 
                  under subsection (a)(2);
                      ``(B) Government agencies; and
                      ``(C) the rail passenger carrier involved,
          with respect to the accident and the post-accident activities.
      ``(c) Responsibilities of Designated Organization.--The 
  organization designated for an accident under subsection (a)(2) shall 
  have the following responsibilities with respect to the families of 
  passengers involved in the accident:
              ``(1) To provide mental health and counseling services, in 
          coordination with the disaster response team of the rail 
          passenger carrier involved.
              ``(2) To take such actions as may be necessary to provide 
          an environment in which the families may grieve in private.
              ``(3) To meet with the families who have traveled to the 
          location of the accident, to contact the families unable to 
          travel to such location, and to contact all affected families 
          periodically thereafter until such time as the organization, in 
          consultation with the director of family support services 
          designated for the accident under subsection (a)(1), determines 
          that further assistance is no longer needed.
              ``(4) To arrange a suitable memorial service, in 
          consultation with the families.
      ``(d) Passenger Lists.--
              ``(1) Requests for passenger lists.--
                      ``(A) Requests by director of family support 
                  services.--It shall be the responsibility of the 
                  director of family support services designated for an 
                  accident under subsection (a)(1) to request, as soon as 
                  practicable, from the rail passenger carrier involved 
                  in the accident a list, which is based on the best 
                  available information at the time of the request, of 
                  the names of the passengers that were aboard the rail 
                  passenger carrier's train involved in the accident. A 
                  rail passenger carrier shall use reasonable efforts, 
                  with respect to its unreserved trains, and passengers 
                  not holding reservations on its other trains, to 
                  ascertain the names of passengers aboard a train 
                  involved in an accident.
                      ``(B) Requests by designated organization.--The 
                  organization designated for an accident under 
                  subsection (a)(2) may request from the rail passenger 
                  carrier involved in the accident a list described in 
                  subparagraph (A).
              ``(2) Use of information.--The director of family support 
          services and the organization may not release to any person 
          information on a list obtained under paragraph (1) but may 
          provide information on the list about a passenger to the family 
          of the passenger to the extent that the director of family 
          support services or the organization considers appropriate.
      ``(e) Continuing Responsibilities of the Board.--In the course of 
  its investigation of an accident described in subsection (a), the Board 
  shall, to the maximum extent practicable, ensure that the families of 
  passengers involved in the accident--
              ``(1) are briefed, prior to any public briefing, about the 
          accident and any other findings from the investigation; and
              ``(2) are individually informed of and allowed to attend 
          any public hearings and meetings of the Board about the 
          accident.
      ``(f) Use of Rail Passenger Carrier Resources.--To the extent 
  practicable, the organization designated for an accident under 
  subsection (a)(2) shall coordinate its activities with the rail 
  passenger carrier involved in the accident to facilitate the reasonable 
  use of the resources of the carrier.
      ``(g) Prohibited Actions.--
              ``(1) Actions to impede the board.--No person (including a 
          State or political subdivision) may impede the ability of the 
          Board (including the director of family support services 
          designated for an accident under subsection (a)(1)), or an 
          organization designated for an accident under subsection 
          (a)(2), to carry out its responsibilities under this section or 
          the ability of the families of passengers involved in the 
          accident to have contact with one another.
              ``(2) Unsolicited communications.--No unsolicited 
          communication concerning a potential action for personal injury 
          or wrongful death may be made by an attorney (including any 
          associate, agent, employee, or other representative of an 
          attorney) or any potential party to the litigation to an 
          individual (other than an employee of the rail passenger 
          carrier) injured in the accident, or to a relative of an 
          individual involved in the accident, before the 45th day 
          following the date of the accident.
              ``(3) Prohibition on actions to prevent mental health and 
          counseling services.--No State or political subdivision may 
          prevent the employees, agents, or volunteers of an organization 
          designated for an accident under subsection (a)(2) from 
          providing mental health and counseling services under 
          subsection (c)(1) in the 30-day period beginning on the date of 
          the accident. The director of family support services 
          designated for the accident under subsection (a)(1) may extend 
          such period for not to exceed an additional 30 days if the 
          director determines that the extension is necessary to meet the 
          needs of the families and if State and local authorities are 
          notified of the determination.
      ``(h) Definitions.--In this section, the following definitions 
  apply:
              ``(1) Rail passenger accident.--The term `rail passenger 
          accident' means any rail passenger disaster occurring in the 
          provision of--
                      ``(A) interstate intercity rail passenger 
                  transportation (as such term is defined in section 
                  24102); or
                      ``(B) interstate or intrastate high-speed rail (as 
                  such term is defined in section 26105) transportation,
          regardless of its cause or suspected cause.
              ``(2) Rail passenger carrier.--The term `rail passenger 
          carrier' means a rail carrier providing--
                      ``(A) interstate intercity rail passenger 
                  transportation (as such term is defined in section 
                  24102); or
                      ``(B) interstate or intrastate high-speed rail (as 
                  such term is defined in section 26105) transportation,
          except that such term shall not include a tourist, historic, 
          scenic, or excursion rail carrier.
              ``(3) Passenger.--The term `passenger' includes--
                      ``(A) an employee of a rail passenger carrier 
                  aboard a train;
                      ``(B) any other person aboard the train without 
                  regard to whether the person paid for the 
                  transportation, occupied a seat, or held a reservation 
                  for the rail transportation; and
                      ``(C) any other person injured or killed in the 
                  accident.
      ``(i) Limitation on Statutory Construction.--Nothing in this 
  section may be construed as limiting the actions that a rail passenger 
  carrier may take, or the obligations that a rail passenger carrier may 
  have, in providing assistance to the families of passengers involved in 
  a rail passenger accident.''.
      (b) Conforming Amendment.--The table of sections for such chapter 
  is amended by inserting after the item relating to section 1137 the 
  following:
  
  ``1138. Assistance to families of passengers involved in rail passenger 
                              accidents.''.
  
  SEC. 3. RAIL PASSENGER CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF 
                PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS.
  
      (a) In General.--Part C of subtitle V of title 49, United States 
  Code, is amended by adding at the end the following new chapter:
  
                      ``CHAPTER 251--FAMILY ASSISTANCE
  
  ``Sec.
  ``25101.  Plans to address needs of families of passengers involved in 
                              rail passenger accidents.
  
  ``Sec. 25101.  Plans to address needs of families of passengers 
                involved in rail passenger accidents
      ``(a) Submission of Plans.--Not later than 6 months after the date 
  of the enactment of this section, each rail passenger carrier shall 
  submit to the Secretary of Transportation and the Chairman of the 
  National Transportation Safety Board a plan for addressing the needs of 
  the families of passengers involved in any rail passenger accident 
  involving a train of the rail passenger carrier and resulting in a 
  major loss of life.
      ``(b) Contents of Plans.--A plan to be submitted by a rail 
  passenger carrier under subsection (a) shall include, at a minimum, the 
  following:
              ``(1) A plan for publicizing a reliable, toll-free 
          telephone number, and for providing staff, to handle calls from 
          the families of the passengers.
              ``(2) A process for notifying the families of the 
          passengers, before providing any public notice of the names of 
          the passengers, either by utilizing the services of the 
          organization designated for the accident under section 
          1138(a)(2) of this title or the services of other suitably 
          trained individuals.
              ``(3) An assurance that the notice described in paragraph 
          (2) will be provided to the family of a passenger as soon as 
          the rail passenger carrier has verified that the passenger was 
          aboard the train (whether or not the names of all of the 
          passengers have been verified) and, to the extent practicable, 
          in person.
              ``(4) An assurance that the rail passenger carrier will 
          provide to the director of family support services designated 
          for the accident under section 1138(a)(1) of this title, and to 
          the organization designated for the accident under section 
          1138(a)(2) of this title, immediately upon request, a list 
          (which is based on the best available information at the time 
          of the request) of the names of the passengers aboard the train 
          (whether or not such names have been verified), and will 
          periodically update the list. The plan shall include a 
          procedure, with respect to unreserved trains and passengers not 
          holding reservations on other trains, for the rail passenger 
          carrier to use reasonable efforts to ascertain the names of 
          passengers aboard a train involved in an accident.
              ``(5) An assurance that the family of each passenger will 
          be consulted about the disposition of all remains and personal 
          effects of the passenger within the control of the rail 
          passenger carrier.
              ``(6) An assurance that if requested by the family of a 
          passenger, any possession of the passenger within the control 
          of the rail passenger carrier (regardless of its condition) 
          will be returned to the family unless the possession is needed 
          for the accident investigation or any criminal investigation.
              ``(7) An assurance that any unclaimed possession of a 
          passenger within the control of the rail passenger carrier will 
          be retained by the rail passenger carrier for at least 18 
          months.
              ``(8) An assurance that the family of each passenger or 
          other person killed in the accident will be consulted about 
          construction by the rail passenger carrier of any monument to 
          the passengers, including any inscription on the monument.
              ``(9) An assurance that the treatment of the families of 
          nonrevenue passengers will be the same as the treatment of the 
          families of revenue passengers.
              ``(10) An assurance that the rail passenger carrier will 
          work with any organization designated under section 1138(a)(2) 
          of this title on an ongoing basis to ensure that families of 
          passengers receive an appropriate level of services and 
          assistance following each accident.
              ``(11) An assurance that the rail passenger carrier will 
          provide reasonable compensation to any organization designated 
          under section 1138(a)(2) of this title for services provided by 
          the organization.
              ``(12) An assurance that the rail passenger carrier will 
          assist the family of a passenger in traveling to the location 
          of the accident and provide for the physical care of the family 
          while the family is staying at such location.
              ``(13) An assurance that the rail passenger carrier will 
          commit sufficient resources to carry out the plan.
              ``(14) An assurance that the rail passenger carrier will 
          provide adequate training to the employees and agents of the 
          carrier to meet the needs of survivors and family members 
          following an accident.
              ``(15) An assurance that, upon request of the family of a 
          passenger, the rail passenger carrier will inform the family of 
          whether the passenger's name appeared on any preliminary 
          passenger manifest for the train involved in the accident.
      ``(c) Limitation on Liability.--A rail passenger carrier shall not 
  be liable for damages in any action brought in a Federal or State court 
  arising out of the performance of the rail passenger carrier in 
  preparing or providing a passenger list, or in providing information 
  concerning a train reservation, pursuant to a plan submitted by the 
  rail passenger carrier under subsection (b), unless such liability was 
  caused by conduct of the rail passenger carrier which was grossly 
  negligent or which constituted intentional misconduct.
      ``(d) Definitions.--In this section--
              ``(1) the terms `rail passenger accident' and `rail 
          passenger carrier' have the meanings such terms have in section 
          1138 of this title; and
              ``(2) the term `passenger' means a person aboard a rail 
          passenger carrier's train that is involved in a rail passenger 
          accident.
      ``(e) Limitation on Statutory Construction.--Nothing in this 
  section may be construed as limiting the actions that a rail passenger 
  carrier may take, or the obligations that a rail passenger carrier may 
  have, in providing assistance to the families of passengers involved in 
  a rail passenger accident.''.
      (b) Conforming Amendment.--The table of chapters for subtitle V of 
  title 49, United States Code, is amended by adding after the item 
  relating to chapter 249 the following new item:
  
  ``251. FAMILY ASSISTANCE...................................    25101''.
  
              Passed the House of Representatives February 14, 2001.
  
              Attest:
  
                                                   JEFF TRANDAHL,
  
                                                                   Clerk.
target: Rail Passenger Disaster Family Assistance Act of 2001 - Amends Federal transportation law to require the Chairman of the National Transportation Safety Board, as soon as practicable after being notified of a rail passenger accident involving a major loss of life, to: (1) designate and publicize the name and phone number of a Board employee who shall be a director of family support services responsible for acting as a point of contact within the Federal Government for the families of passengers involved in a rail passenger accident, and a liaison between the rail passenger carrier and the families; and (2) designate an independent nonprofit organization (with experience in disasters and post-trauma communication with families) which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in such accidents.Declares it shall be the responsibility of the director of family support services to request, as soon as practicable, from the rail passenger carrier involved in an accident a list of the names of the passengers who were aboard the carrier's train. Authorizes a designated organization also to request such list from such carrier. Prohibits the director of family support services and a designated organization from releasing list information to any person, except that information about a passenger may be provided to the passenger's family to the extent considered appropriate by the director or organization. Requires the Board, in the course of its investigation of an accident, to ensure, to the maximum extent practicable, that the families of passengers involved in the accident are: (1) briefed, prior to any public briefing about the accident and any other findings from the investigation; and (2) individually informed of and allowed to attend any public hearings and meetings of the Board about such accident.Prohibits: (1) a person (including a State or political subdivision) from impeding the ability of the Board (including the director of family support services) or the designated organization to carry out its responsibilities under this Act, or the ability of the families of passengers involved in an accident to have contact with one another; (2) unsolicited communication concerning a potential action for personal injury or wrongful death to be made by an attorney or any potential party to the litigation to an individual (other than an employee of the rail passenger carrier) injured in an accident, or to a relative of an individual involved in such accident, before the 45th day following the date of the accident; and (3) a State or political subdivision from preventing the employees, agents, or volunteers of an organization from providing mental health and counseling services in the 30-day period beginning on the date of an accident.Directs each rail passenger carrier to submit to the Secretary of Transportation and the Chairman of the Board a plan for addressing the needs of the families of passengers involved in a rail passenger accident resulting in a major loss of life. Shields a rail passenger carrier from liability for damages (except for gross negligence or intentional misconduct) in any action brought in a Federal or State court arising out of the carrier's performance in preparing or providing a passenger list, or in providing information concerning a train reservation, pursuant to the carrier's plan.
feat_title: To establish a program, coordinated by the National Transportation Safety Board, of assistance to families of passengers involved in rail passenger accidents.