Page:United States Statutes at Large Volume 122.djvu/4921

 12 2 STA T .489 8 PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 2008 oc c urs,andf or p ro vi din g s t aff, to h and le calls fro m the families of the passengers .‘ ‘ (4)A process for providing the notice descri b ed in para - graph ( 2 ) to the famil y of a passenger as soon as the rail passenger carrier has verified that the passenger w as aboard the train (whether or not the names of all of the passengers have been verified). ‘‘( 5 ) An assurance that, upon re q uest 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. ‘‘( 6 ) A process by which 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 and by which any possession of the passenger within the control of the rail passenger carrier (regardless of its condi- tion) — ‘‘(A) will be retained by the rail passenger carrier for at least 18 months and ‘‘( B ) will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation. ‘‘( 7 ) A process by which the treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers. ‘‘(8) An assurance that the rail passenger carrier will pro- vide adequate training to the employees and agents of the carrier to meet the needs of survivors and family members following an accident. ‘‘( 9 ) An assurance that the family of each passenger or other person k illed 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. ‘‘(1 0 ) An assurance that the rail passenger carrier will work with any organi z ation designated under section 11 3 9(a)(2) of this title on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assist- ance following each accident. ‘‘(11) An assurance that the rail passenger carrier will provide reasonable compensation to any organization des- ignated under section 1139(a)(2) of this title for services pro- vided by the organization. ‘‘(c) USEOFIN FO RMATI ON.— N either the National T ranspor- tation S afety Board, the Secretary of Transportation, the Secretary of H omeland Security, nor a rail passenger carrier may release to the public any personal information on a list obtained under subsection (b)(1), but may provide information on the list about a passenger to the passenger’s family members to the e x tent that the Board or a rail passenger carrier considers appropriate. ‘‘(d) L IMITATION ON STAT U TOR YC ONSTRU C TION.— ‘‘(1) R AI LP ASSEN G ER CARRIERS.—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. ‘‘(2) IN V ESTIGATIONAL AUT H ORITY OF B OAR D AND SEC- RETARY.—Nothing in this section shall be construed to abridge

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