12 2 STA T .489 9 PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 2008 theau th ori t y o f the B oar d or the S e c retary of T ra nsp ortation to in v esti g ate the causes or circu m stances of any rai l accident , including the development of information regarding the nature of in j uries sustained and the manner in w hich they were sus - tained, for the purpose of determining compliance with e x isting laws and regulations or identifying means of preventing similar injuries in the future .‘ ‘ ( e )LIM I TA TI ON ON LIA B I L IT Y . —A rail passenger carrier shall not b e liable for damages in any action brought in a F ederal 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 mis- conduct. ‘‘(f) DEF INITION S .— I n this section, the terms ‘passenger ’ and ‘rail passenger accident’ have the meaning given those terms by section 1 1 39 of this title. ‘‘(g) F U N D IN G .— O ut of funds appropriated pursuant to section 20 11 7 (a)(1)(A), there shall be made available to the Secretary of Transportation $5 00,000 for fiscal year 2010 to carry out this sec- tion. Amounts made available pursuant to this subsection shall remain available until expended.’’. (b) C ONFO R MING AMENDMENT.—The chapter analysis for chapter 2 4 3 is amended by inserting after the item relating to section 24315 the following
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‘ 24316.Planto a s s i st f a m ili e sof p assen g e r sin v olve d in rail passenger a c cidents. ’ ’. SEC.503 .ES TABLI S HM E N T OF TAS K FO R CE. (a) E STABLIS H MENT.—The Secretary, in cooperation with the N ational Transportation Safety Board, organi z ations potentially designated under section 1139(a)(2) of title 49, U nited States Code, rail passenger carriers (as defined in section 1139(h)(2) of title 49, United States Code), and families which have been involved in rail accidents, shall establish a tas k force consisting of represent- atives of such entities and families, representatives of rail passenger carrier employees, and representatives of such other entities as the Secretary considers appropriate. (b) M ODEL P LAN AND R E C OMMENDATIONS.—The task force established pursuant to subsection (a) shall develop— (1) a model plan to assist rail passenger 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) RE P ORT.—Not later than 1 year after the date of the enact- ment of this Act, the Secretary shall transmit a report to the H ouse of Representatives Committee on Transportation and Infra- structure and the Senate Committee on Commerce, Science, and 49USC1 1 3 9 note.
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