§ 26101. High-speed rail corridor planning

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Swift Rail Development Act of 1994

   Pub. L. 103–440 title I § 103(a)(2) · 108 Stat. 4615

   Enacted · 49 U.S.C. § 26101

   Added Pub. L. 103–440, title I, § 103(a)(2), Nov. 2, 1994, 108 Stat. 4616

   Source evidence

   Code source credit
   Added Pub. L. 103–440, title I, § 103(a)(2), Nov. 2, 1994, 108 Stat. 4616

   Enacted provision · exact public law section
   (2) Subtitle V of title 49, United States Code, is amended by inserting after part C the following new part: “PART D— HIGH-SPEED RAIL “CHAPTER 261— HIGH-SPEED RAIL ASSISTANCE “Sec “26101. Corridor planning. “26102. High-speed rail technology improvements. “26103. Safety regulations. “26104. Authorization of appropriations. “26105. Definitions. “§ 26101. Corridor planning “(a) Corridor Planning Assistance.— (1) The Secretary may provide under this section financial assistance to a public agency or group of public agencies for corridor planning for up to 50 percent of the publicly financed costs associated with eligible activities. “(2) No less than 20 percent of the publicly financed costs associated with eligible activities shall come from State and local sources, which State and local sources may not include funds from any Federal program. “(b) Eligible Activities.— (1) A corridor planning activity is eligible for financial assistance under subsection (a) if the Secretary determines that it is necessary to establish appropriate engineering, operational, financial, environmental, or socioeconomic projections for the establishment of high-speed rail service in the corridor and that it leads toward development of a prudent financial and institutional plan for implementation of specific high-speed rail improvements. Eligible corridor planning activities include— “(A) environmental assessments; “(B) feasibility studies emphasizing commercial technology improvements or applications; “(C) economic analyses, including ridership, revenue, and operating expense forecasting; “(D) assessing the impact on rail employment of developing high-speed rail corridors; “(E) assessing community economic impacts; “(F) coordination with State and metropolitan area transportation planning and corridor planning with other States; “(G) operational planning; “(H) route selection analyses and purchase of rights-of- way for proposed high-speed rail service; “(I) preliminary engineering and design; “(J) identification of specific improvements to a corridor, including electrification, line straightening and other right-of-way improvements, bridge rehabilitation and replacement, use of advanced locomotives and rolling stock, ticketing, coordination with other modes of transportation, parking and other means of passenger access, track, signal, station, and other capital work, and use of intermodal terminals; “(K) preparation of financing plans and prospectuses; and “(L) creation of public/private partnerships. “(2) No financial assistance shall be provided under this section for corridor planning with respect to the main line of the Northeast Corridor, between Washington, District of Columbia, and Boston, Massachusetts. “(c) Criteria for Determining Financial Assistance.— Selection by the Secretary of recipients of financial assistance under this section shall be based on such criteria as the Secretary considers appropriate, including— “(1) the relationship of the corridor to the Secretary’s national high-speed ground transportation policy; “(2) the extent to which the proposed planning focuses on systems which will achieve sustained speeds of 125 mph or greater; “(3) the integration of the corridor into metropolitan area and statewide transportation planning; “(4) the potential interconnection of the corridor with other parts of the Nation’s transportation system, including the interconnection with other countries; “(5) the anticipated effect of the corridor on the congestion of other modes of transportation; “(6) whether the work to be funded will aid the efforts of State and local governments to comply with the Clean Air Act (42 U.S.C. 7401 et seq.); “(7) the past and proposed financial commitments and other support of State and local governments and the private sector to the proposed high-speed rail program, including the acquisition of rolling stock; “(8) the estimated level of ridership; “(9) the estimated capital cost of corridor improvements, including the cost of closing, improving, or separating highway-rail grade crossings; “(10) rail transportation employment impacts; “(11) community economic impacts; “(12) the extent to which the projected revenues of the proposed high-speed rail service, along with any financial commitments of State or local governments and the private sector, are expected to cover capital costs and operating and maintenance expenses; “(13) whether a specific route has been selected, specific improvements identified, and capacity studies completed; and “(14) whether the corridor has been designated as a high-speed rail corridor by the Secretary. “§ 26102. High-speed rail technology improvements “(a) Authority.— The Secretary may undertake activities for the improvement, adaptation, and integration of proven technologies for commercial application in high-speed rail service in the United States. “(b) Eligible Recipients.— In carrying out activities authorized by subsection (a), the Secretary may provide financial assistance to any United States private business, educational institution located in the United States, State or local government or public authority, or agency of the Federal Government. “(c) Consultation With Other Agencies.— In carrying out activities authorized by subsection (a), the Secretary shall consult with such other governmental agencies as may be necessary concerning the availability of appropriate technologies for commercial application in high-speed rail service in the United States. “§ 26103. Safety regulations “The Secretary shall promulgate such safety regulations as may be necessary for high-speed rail services. “§ 26104. Authorization of appropriations “(a) Fiscal Year 1995.— There are authorized to be appropriated to the Secretary $29,000,000 for fiscal year 1995, for carrying out sections 26101 and 26102 (including payment of administrative expenses related thereto). “(b) Fiscal Year 1996.— (1) There are authorized to be appropriated to the Secretary $40,000,000 for fiscal year 1996, for carrying out section 26101 (including payment of administrative expenses related thereto). “(2) There are authorized to be appropriated to the Secretary $30,000,000 for fiscal year 1996, for carrying out section 26102 (including payment of administrative expenses related thereto). “(c) FISCAL Year 1997.— (1) There are authorized to be appropriated to the Secretary $45,000,000 for fiscal year 1997, for carrying out section 26101 (including payment of administrative expenses related thereto). “(2) There are authorized to be appropriated to the Secretary $40,000,000 for fiscal year 1997, for carrying out section 26102 (including payment of administrative expenses related thereto). “(d) Funds to Remain Available.— Funds made available under this section shall remain available until expended. 26105. Definitions “For purposes of this chapter— “(1) the term ‘financial assistance’ includes grants, contracts, and cooperative agreements; “(2) the term ‘high-speed rail’ has the meaning given such term under section 511(n) of the Railroad Revitalization and Regulatory Reform Act of 1976; “(3) the term ‘publicly financed costs’ means the costs funded after April 29, 1993, by Federal, State, and local governments; “(4) the term ‘Secretary’ means the Secretary of Transportation; “(5) the term ‘State’ means any of the several States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States; and “(6) the term ‘United States private business’ means a business entity organized under the laws of the United States, or of a State, and conducting substantial business operations in the United States.”.

2. 2005

   Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

   Pub. L. 109–59 § 9001(a)(1)(A) · 119 Stat. 1144

   Substituted · 49 U.S.C. § 26101

   Pub. L. 109–59, § 9001(a)(1)(A), substituted “development” for “planning” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 109–59, § 9001(a)(1)(A), substituted “development” for “planning” in section catchline.

   Enacted provision · exact public law section
   (A) in the section heading, by striking “planning” and inserting “development”;

3. 2005

   Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

   Pub. L. 109–59 § 9001(a)(1)(B) · 119 Stat. 1144

   Substituted · 49 U.S.C. § 26101(a)

   Pub. L. 109–59, § 9001(a)(1)(B), substituted “Development” for “Planning” in subsec. heading

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–59, § 9001(a)(1)(B), substituted “Development” for “Planning” in subsec. heading.

   Enacted provision · exact public law section
   (B) in the heading of subsection (a), by striking “Planning” and inserting “Development”;

4. 2005

   Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

   Pub. L. 109–59 § 9001(a)(1)(C) · 119 Stat. 1144

   Substituted · 49 U.S.C. § 26101(a)(1)

   Pub. L. 109–59, § 9001(a)(1)(C), substituted “corridor development” for “corridor planning”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 109–59, § 9001(a)(1)(C), substituted “corridor development” for “corridor planning”.

   Enacted provision · exact public law section
   (C) by striking “corridor planning” each place it appears and inserting “corridor development”;

5. 2005

   Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

   Pub. L. 109–59 § 9001(a)(1)(D)(i) · 119 Stat. 1144

   Inserted · 49 U.S.C. § 26101(b)(1)

   Pub. L. 109–59, § 9001(a)(1)(D)(i), inserted “, or if it is an activity described in subparagraph (M)” after “high-speed rail improvements” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 109–59, § 9001(a)(1)(D)(i), inserted “, or if it is an activity described in subparagraph (M)” after “high-speed rail improvements” in introductory provisions.

   Enacted provision · exact public law section
   (i) by inserting “, or if it is an activity described in subparagraph (M)” after “high-speed rail improvements”;

6. 2005

   Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

   Pub. L. 109–59 § 9001(a)(1)(C) · 119 Stat. 1144

   Substituted · 49 U.S.C. § 26101(b)(1)

   Pub. L. 109–59, § 9001(a)(1)(C), substituted “corridor development” for “corridor planning” in two places in introductory provisions

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–59, § 9001(a)(1)(C), substituted “corridor development” for “corridor planning” in two places in introductory provisions.

   Enacted provision · exact public law section
   (C) by striking “corridor planning” each place it appears and inserting “corridor development”;

7. 2005

   Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

   Pub. L. 109–59 § 9001(a)(1)(C) · 119 Stat. 1144

   Substituted · 49 U.S.C. § 26101(b)(1)(F)

   Pub. L. 109–59, § 9001(a)(1)(C), substituted “corridor development” for “corridor planning”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(F). Pub. L. 109–59, § 9001(a)(1)(C), substituted “corridor development” for “corridor planning”.

   Enacted provision · exact public law section
   (C) by striking “corridor planning” each place it appears and inserting “corridor development”;

8. 2005

   Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

   Pub. L. 109–59 § 9001(a)(1)(D)(ii) · 119 Stat. 1144

   Added · 49 U.S.C. § 26101(b)(1)(M)

   Pub. L. 109–59, § 9001(a)(1)(D)(ii)–(iv), added subpar. (M)

   Source evidence

   Code amendment note
   Subsec. (b)(1)(M). Pub. L. 109–59, § 9001(a)(1)(D)(ii)–(iv), added subpar. (M).

   Enacted provision · exact public law section
   (ii) by striking “and” at the end of subparagraph (K);

9. 2005

   Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

   Pub. L. 109–59 § 9001(a)(1)(C) · 119 Stat. 1144

   Substituted · 49 U.S.C. § 26101(b)(2)

   Pub. L. 109–59, § 9001(a)(1)(C), substituted “corridor development” for “corridor planning”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 109–59, § 9001(a)(1)(C), substituted “corridor development” for “corridor planning”.

   Enacted provision · exact public law section
   (C) by striking “corridor planning” each place it appears and inserting “corridor development”;

10. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 9001(a)(1)(E) · 119 Stat. 1144

    Substituted · 49 U.S.C. § 26101(c)(2)

    Pub. L. 109–59, § 9001(a)(1)(E), substituted “development” for “planning”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 109–59, § 9001(a)(1)(E), substituted “development” for “planning”.

    Enacted provision · exact public law section
    (E) in subsection (c)(2), by striking “planning” and inserting “development”.

11. 2008

    Pub. L. 110–432 § 501(a)(1) · 122 Stat. 4848

    Substituted · 49 U.S.C. § 26101

    Pub. L. 110–432, § 501(a)(1), substituted “High-speed rail corridor planning” for “Corridor development” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 110–432, § 501(a)(1), substituted “High-speed rail corridor planning” for “Corridor development” in section catchline.

    Enacted provision · exact public law section
    (a) In General.— Chapter 11 is amended by adding at the end of subchapter III the following: “§ 1139. 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 post trauma 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, with respect to the accident and the post-accident activities, of— “(A) the organization designated for an accident under subsection (a)(2); “(B) Government agencies; and “(C) the rail passenger carrier involved. “(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.— Except as provided in subsection (k), 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 thereof) 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 or settlement offer 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, including the railroad carrier or rail passenger carrier, 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 thereof 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: “(1) Rail passenger accident.— The term ‘rail passenger accident’ means any rail passenger disaster resulting in a major loss of life 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 does 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 a rail passenger accident, as determined appropriate by the Board. “(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 passenger 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 passenger 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. “(k) Savings Clause.— Nothing in this section shall be construed to abridge the authority of the Board or the Secretary of Transportation to investigate the causes or circumstances of any rail accident, including development of information regarding the nature of injuries sustained and the manner in which they were sustained for the purposes of determining compliance with existing laws and regulations or for identifying means of preventing similar injuries in the future, or both.” .

12. 2008

    Pub. L. 110–432 § 501(a)(2) · 122 Stat. 4848

    Substituted · 49 U.S.C. § 26101(a)

    Pub. L. 110–432, § 501(a)(2), substituted “Corridor Planning” for “Corridor Development” in heading

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–432, § 501(a)(2), substituted “Corridor Planning” for “Corridor Development” in heading.

    Enacted provision · exact public law section
    (a) In General.— Chapter 11 is amended by adding at the end of subchapter III the following: “§ 1139. 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 post trauma 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, with respect to the accident and the post-accident activities, of— “(A) the organization designated for an accident under subsection (a)(2); “(B) Government agencies; and “(C) the rail passenger carrier involved. “(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.— Except as provided in subsection (k), 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 thereof) 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 or settlement offer 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, including the railroad carrier or rail passenger carrier, 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 thereof 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: “(1) Rail passenger accident.— The term ‘rail passenger accident’ means any rail passenger disaster resulting in a major loss of life 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 does 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 a rail passenger accident, as determined appropriate by the Board. “(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 passenger 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 passenger 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. “(k) Savings Clause.— Nothing in this section shall be construed to abridge the authority of the Board or the Secretary of Transportation to investigate the causes or circumstances of any rail accident, including development of information regarding the nature of injuries sustained and the manner in which they were sustained for the purposes of determining compliance with existing laws and regulations or for identifying means of preventing similar injuries in the future, or both.” .

13. 2008

    Pub. L. 110–432 § 501(a)(3) · 122 Stat. 4848

    Substituted · 49 U.S.C. § 26101(a)(1); 49 U.S.C. § 26101(a)(b)

    Pub. L. 110–432, § 501(a)(3), substituted “corridor planning” for “corridor development” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a)(1), (b). Pub. L. 110–432, § 501(a)(3), substituted “corridor planning” for “corridor development” wherever appearing.

    Enacted provision · exact public law section
    (a) In General.— Chapter 11 is amended by adding at the end of subchapter III the following: “§ 1139. 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 post trauma 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, with respect to the accident and the post-accident activities, of— “(A) the organization designated for an accident under subsection (a)(2); “(B) Government agencies; and “(C) the rail passenger carrier involved. “(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.— Except as provided in subsection (k), 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 thereof) 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 or settlement offer 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, including the railroad carrier or rail passenger carrier, 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 thereof 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: “(1) Rail passenger accident.— The term ‘rail passenger accident’ means any rail passenger disaster resulting in a major loss of life 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 does 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 a rail passenger accident, as determined appropriate by the Board. “(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 passenger 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 passenger 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. “(k) Savings Clause.— Nothing in this section shall be construed to abridge the authority of the Board or the Secretary of Transportation to investigate the causes or circumstances of any rail accident, including development of information regarding the nature of injuries sustained and the manner in which they were sustained for the purposes of determining compliance with existing laws and regulations or for identifying means of preventing similar injuries in the future, or both.” .

14. 2008

    Pub. L. 110–432 § 501(a)(4) · 122 Stat. 4848

    Substituted · 49 U.S.C. § 26101(c)(2)

    Pub. L. 110–432, § 501(a)(4), substituted “planning” for “development”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 110–432, § 501(a)(4), substituted “planning” for “development”.

    Enacted provision · exact public law section
    (a) In General.— Chapter 11 is amended by adding at the end of subchapter III the following: “§ 1139. 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 post trauma 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, with respect to the accident and the post-accident activities, of— “(A) the organization designated for an accident under subsection (a)(2); “(B) Government agencies; and “(C) the rail passenger carrier involved. “(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.— Except as provided in subsection (k), 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 thereof) 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 or settlement offer 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, including the railroad carrier or rail passenger carrier, 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 thereof 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: “(1) Rail passenger accident.— The term ‘rail passenger accident’ means any rail passenger disaster resulting in a major loss of life 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 does 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 a rail passenger accident, as determined appropriate by the Board. “(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 passenger 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 passenger 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. “(k) Savings Clause.— Nothing in this section shall be construed to abridge the authority of the Board or the Secretary of Transportation to investigate the causes or circumstances of any rail accident, including development of information regarding the nature of injuries sustained and the manner in which they were sustained for the purposes of determining compliance with existing laws and regulations or for identifying means of preventing similar injuries in the future, or both.” .

14 of 14 references resolved to an enrolled provision