12 2 STA T .4895PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 2008 ac c identu nde rs u b secti o n ( a ) ( 1 ) , deter m ines t h at f urther assist - ance is no l on g er needed .‘ ‘( 4 ) T o arrange a suitable memorial ser v ice, in consultation w ith the families. ‘‘(d) PAS S ENG E RLI S T S. — ‘‘(1) R E QU ESTS FO R P ASSENGER L ISTS.— ‘‘( A ) REQUESTS BYD IRE C TOR OF FA M ILY SUPPORT SER V - ICES.— I t shall be the res p onsibilit y of the director of family support services designated for an accident under sub- section (a)(1) to re q uest, 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 pas- sengers not holding reservations on its other trains, to ascertain the names of passengers aboard a train involved in an accident. ‘‘( B ) REQUESTS BY DESIGNATED ORGANI Z ATION.—The organi z ation 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) U SE OF INFORMATION.— Ex cept as provided in sub- section ( 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) C ONTINUING RESPONSIBILITIES OF T H E 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 reason- able use of the resources of the carrier. ‘‘(g) PROHIBITED ACTIONS.— ‘‘(1) ACTIONS TO IMPEDE THE BOARD.— N o person (including a S tate 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 in j ury or wrongful death may be made by an attorney (including any associate, agent, employee, or other
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