H.R. 874House108th Congress (2003-2005)Passed House

Rail Passenger Disaster Family Assistance Act of 2003

Sponsored by Don YoungRep. Don Young (R-AK)
Introduced February 25, 2003

Legislative Activity

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14 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

May 9, 2003

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HouseIntro Referral

Introduced in House

February 25, 2003

HouseIntro Referral

Referred to the House Committee on Transportation and Infrastructure.

February 25, 2003

HouseCommittee

Committee Consideration and Mark-up Session Held.

February 26, 2003

HouseCommittee

Ordered to be Reported by Voice Vote.

February 26, 2003

HouseCommittee

Reported by the Committee on Transportation. H. Rept. 108-39.

March 18, 2003

HouseCalendars

Placed on the Union Calendar, Calendar No. 26.

March 18, 2003

HouseFloor

Mr. Quinn moved to suspend the rules and pass the bill.

May 7, 2003 • 11:19 AM

HouseFloor

Considered under suspension of the rules. (consideration: CR H3705-3708; text of measure as reported in House)

May 7, 2003 • 11:21 AM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 874.

May 7, 2003 • 11:21 AM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

May 7, 2003 • 11:26 AM

HouseFloor

Considered as unfinished business. (consideration: CR H3776-3777)

May 8, 2003 • 12:03 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 414 - 5 (Roll no. 172).(text: CR 5/07/2003 H3705-3707)

May 8, 2003 • 12:06 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 414 - 5 (Roll no. 172). (text: CR 5/07/2003 H3705-3707)

May 8, 2003 • 12:06 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 8, 2003 • 12:06 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

May 9, 2003

Floor Debate

20 members

What members said about H.R. 874 on the floor

8 Republicans12 Democrats
James P. McGovern
Rep. James P. McGovernD-MA-3 · May 8, 2003

Mr. Speaker, I yield myself 6 minutes. Mr. Speaker, I rise in opposition to the rule and to the bill, and let me say just when we think that the Republican leadership of this House could not be any…

Deborah Pryce
Rep. Deborah PryceR-OH-15 · May 8, 2003

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 221 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Barney Frank
Rep. Barney FrankD-MA-4 · May 8, 2003

Mr. Speaker, if people want a dictionary illustration of adding insult to injury, the Republicans are providing it. They do great injury today to the principle of nondiscrimination, and they have…

Chris Van Hollen
Rep. Chris Van HollenD-MD-8 · May 8, 2003

Mr. Speaker, I thank the gentleman for yielding me time. As a new Member of this House, I was appalled that one of the first actions we took in the Committee on Education and the Workforce was to…

Chet Edwards
Rep. Chet EdwardsD-TX-11 · May 8, 2003

Mr. Speaker, it is a fundamental American principle that no citizen should have to pass someone else's religious test to qualify for a tax-funded job. The vast majority of American citizens agree…

Show 8 more
Howard P. "Buck" McKeon
Rep. Howard P. "Buck" McKeonR-CA-25 · May 8, 2003

Mr. Speaker, I thank the gentlewoman for yielding me time. Mr. Speaker, I rise in support of the rule on H.R. 1261, the Workforce Reinvestment and Adult Education Act of 2003. This important bill…

Jack Quinn
Rep. Jack QuinnR-NY-27 · May 7, 2003

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 874) to establish a program, coordinated by the National Transportation Safety Board, of assistance to families of passengers involved…

John A. Boehner
Rep. John A. BoehnerR-OH-8 · May 8, 2003

Mr. Speaker, I thank the gentlewoman for yielding me this time. Mr. Speaker, a lot has been said about the reauthorization of the Workforce Reinvestment Act and we will get into a broader debate…

John B. Shadegg
Rep. John B. ShadeggR-AZ-3 · May 8, 2003

Mr. Speaker, I rise in support of this rule and in support of the underlying legislation, and I would like to add a few comments to the topic that seems to have drawn heated debate here. I think it…

John Linder
Rep. John LinderR-GA-7 · May 8, 2003

Mr. Speaker, I thank my friend and colleague from the Committee on Rules for yielding me time. Mr. Speaker, H. Res. 221 is a structured rule that gives the House the opportunity to consider eight…

George Miller
Rep. George MillerD-CA-7 · May 8, 2003

Mr. Speaker, I want to join my colleagues on this side of the aisle who are rejecting this legislation because of its embracing of religious bigotry. As was pointed out, the language that is in the…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · May 8, 2003

Mr. Speaker, I thank the gentleman from Massachusetts for yielding me this time. Mr. Speaker, I urge my colleagues to oppose the previous question of the rule on this Workforce Reinvestment and Adult…

Mark E. Souder
Rep. Mark E. SouderR-IN-3 · May 8, 2003

Mr. Speaker, what is really disturbing in debates is how to counter misinformation when it is repeated on a constant basis on the floor of this House. The constitutional protection for religious…

Show 8 more
Rosa L. DeLauro
Rep. Rosa L. DeLauroD-CT-3 · May 8, 2003

Mr. Speaker, I rise in opposition to the rule for this misguided reauthorization of the Workforce Investment Act, a bill that fails to create job opportunities or extend unemployment benefits, that…

Corrine Brown
Rep. Corrine BrownD-FL-3 · May 7, 2003

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, let me begin by thanking the gentleman from New York (Mr. Quinn), the gentleman from Alaska (Mr. Young), and the ranking member,…

Don Young
Rep. Don YoungR-AK · May 7, 2003

Mr. Speaker, I rise in support of this well crafted bipartisan bill. The Committee on Transportation and Infrastructure produced the current aviation law, and subsequent updates, that protects…

Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · May 8, 2003

Mr. Speaker, because of our sorry history of bigotry in this Nation, for decades it has been illegal to discriminate in employment and make decisions, job decisions based on race or religion. The…

Darlene Hooley
Rep. Darlene HooleyD-OR-5 · May 8, 2003

Mr. Speaker, I thank the gentleman for yielding me time. Right now Oregon has 7.6 percent unemployment, the highest in the Nation. In March of this year food and transportation lost manufacturing…

Sander M. Levin
Rep. Sander M. LevinD-MI-12 · May 8, 2003

It is interesting that the gentleman from Ohio (Mr. Boehner) was asked the question. Maybe the gentlewoman from Ohio (Ms. Pryce) can answer it. Why not let us bring up the amendment on the issue they…

Jack Quinn
Rep. Jack QuinnR-NY-27 · May 7, 2003

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and to include extraneous material on the following bills: H.R. 874,…

Jerry F. Costello
Rep. Jerry F. CostelloD-IL-12 · May 7, 2003

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of this legislation. I ask unanimous consent that the balance of time on our side be controlled by…

Bill Text

4 versions available

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Latest
Referred in SenateIssued May 9, 2003
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 874 Referred in Senate (RFS)]

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 Transportation
Safety Board, of assistance to families of passengers involved in rail
passenger accidents.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

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.
``(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.''.
(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''.

SEC. 4. ESTABLISHMENT OF TASK FORCE.

(a) Establishment.--The Secretary of Transportation, 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, representatives of
passenger rail carrier employees, and representatives of such other
entities as the Secretary considers appropriate.
(b) Model Plan and Recommendations.--The task force established
pursuant to subsection (a) shall develop--
(1) a model plan to assist passenger rail carriers in
responding to passenger rail accidents;
(2) recommendations on methods to improve the timeliness of
the notification provided by passenger rail carriers to the
families of passengers involved 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 onboard 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 recommendations developed by the task
force under subsection (b).

Passed the House of Representatives May 8, 2003.

Attest:

JEFF TRANDAHL,

Clerk.