[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3923 Received in Senate (RDS)]

  2d Session
                                H. R. 3923


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 19, 1996

                                Received

_______________________________________________________________________

                                 AN ACT


 
    To amend title 49, United States Code, to require the National 
Transportation Safety Board and individual air carriers to take actions 
  to address the needs of families of passengers involved in aircraft 
                               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 ``Aviation Disaster Family Assistance 
Act of 1996''.

SEC. 2. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO FAMILIES 
              OF PASSENGERS INVOLVED IN AIRCRAFT ACCIDENTS.

    (a) Authority To Provide Assistance.--
            (1) In general.--Subchapter III of chapter 11 of title 49, 
        United States Code, is amended by adding at the end the 
        following:
``Sec. 1136. Assistance to families of passengers involved in aircraft 
              accidents
    ``(a) In General.--As soon as practicable after being notified of 
an aircraft accident within the United States involving an air carrier 
or foreign air 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 
        air carrier or foreign air 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 facilitating the recovery and identification 
of fatally-injured passengers involved in an accident described in 
subsection (a).
    ``(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 air carrier 
        or foreign air 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 communicate with the families as to the roles of 
        the organization, government agencies, and the air carrier or 
        foreign air carrier involved with respect to the accident and 
        the post-accident activities.
            ``(5) 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 air carrier or foreign air 
                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 aircraft involved in the accident.
                    ``(B) Requests by designated organization.--The 
                organization designated for an accident under 
                subsection (a)(2) may request from the air carrier or 
                foreign air 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, its causes, 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 Air Carrier Resources.--To the extent practicable, the 
organization designated for an accident under subsection (a)(2) shall 
coordinate its activities with the air carrier or foreign air carrier 
involved in the accident so that the resources of the carrier can be 
used to the greatest extent possible to carry out the organization's 
responsibilities under this section.
    ``(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.--In the event of an 
        accident involving an air carrier providing interstate or 
        foreign air transportation, no unsolicited communication 
        concerning a potential action for personal injury or wrongful 
        death may be made by an attorney, representative of an 
        attorney, insurance company, or air carrier litigation 
        representative to an individual injured in the accident, or to 
        a relative of an individual involved in the accident, before 
        the 30th day following the date of the accident.
    ``(h) Definitions.--In this section, the following definitions 
apply:
            ``(1) Aircraft accident.--The term `aircraft accident' 
        means any aviation disaster regardless of its cause or 
        suspected cause.
            ``(2) Passenger.--The term `passenger' includes an employee 
        of an air carrier aboard an aircraft.''.
            (2) Conforming amendment.--The table of sections for 
        chapter 11 of such title is amended by inserting after the item 
        relating to section 1135 the following:

``1136. Assistance to families of passengers involved in aircraft 
                            accidents.''.
    (b) Penalties.--Section 1155(a)(1) of such title is amended--
            (1) by striking ``or 1134(b) or (f)(1)'' and inserting ``, 
        section 1134(b), section 1134(f)(1), or section 1136(g)''; and
            (2) by striking ``either of'' and inserting ``any of''.

SEC. 3. AIR CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF PASSENGERS 
              INVOLVED IN AIRCRAFT ACCIDENTS.

    (a) In General.--Chapter 411 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 41113. Plans to address needs of families of passengers involved 
              in aircraft accidents
    ``(a) Submission of Plans.--Not later than 6 months after the date 
of the enactment of this section, each air carrier holding a 
certificate of public convenience and necessity under section 41102 of 
this title shall submit to the Secretary and the Chairman of the 
National Transportation Safety Board a plan for addressing the needs of 
the families of passengers involved in any aircraft accident involving 
an aircraft of the air carrier and resulting in a major loss of life.
    ``(b) Contents of Plans.--A plan to be submitted by an air 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 
        1136(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 air carrier has verified that the passenger was aboard the 
        aircraft (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 air carrier will provide to the 
        director of family support services designated for the accident 
        under section 1136(a)(1) of this title, and to the organization 
        designated for the accident under section 1136(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 aircraft (whether or not 
        such names have been verified), and will periodically update 
        the list.
            ``(5) An assurance that the family of each passenger will 
        be consulted about the disposition of all remains and personal 
        effects of the passenger.
            ``(6) An assurance that if requested by the family of a 
        passenger, any possession of the passenger within the control 
        of the air 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 air carrier will be 
        retained by the air carrier for at least 18 months.
            ``(8) An assurance that the family of each passenger will 
        be consulted about construction by the air 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 (and any other victim of the accident) 
        will be the same as the treatment of the families of revenue 
        passengers.
            ``(10) An assurance that the air carrier will work with any 
        organization designated under section 1136(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 air carrier will provide 
        reasonable compensation to any organization designated under 
        section 1136(a)(2) of this title for services provided by the 
        organization.
            ``(12) An assurance that the air 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 air carrier will commit 
        sufficient resources to carry out the plan.
    ``(c) Certificate Requirement.--After the date that is 6 months 
after the date of the enactment of this section, the Secretary may not 
approve an application for a certificate of public convenience and 
necessity under section 41102 of this title unless the applicant has 
included as part of such application a plan that meets the requirements 
of subsection (b).
    ``(d) Limitation on Liability.--An air carrier shall not be liable 
for damages in any action brought in a Federal or State court arising 
out of the performance of the air carrier in preparing or providing a 
passenger list pursuant to a plan submitted by the air carrier under 
subsection (b), unless such liability was caused by conduct of the air 
carrier which was grossly negligent or which constituted intentional 
misconduct.
    ``(e) Aircraft Accident and Passenger Defined.--In this section, 
the terms `aircraft accident' and `passenger' have the meanings such 
terms have in section 1136 of this title.''.
    (b) Conforming Amendment.--The table of sections for such chapter 
is amended by adding at the end the following:

``41113. Plans to address needs of families of passengers involved in 
                            aircraft accidents.''.

SEC. 4. ESTABLISHMENT OF TASK FORCE.

    (a) Establishment.--The Secretary of Transportation, in cooperation 
with the National Transportation Safety Board, the Federal Emergency 
Management Agency, the American Red Cross, air carriers, and families 
which have been involved in aircraft accidents shall establish a task 
force consisting of representatives of such entities and families, 
representatives of air 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 air carriers in responding to 
        aircraft accidents;
            (2) recommendations on methods to ensure that attorneys and 
        representatives of media organizations do not intrude on the 
        privacy of families of passengers involved in an aircraft 
        accident;
            (3) recommendations on methods to ensure that the families 
        of passengers involved in an aircraft accident who are not 
        citizens of the United States receive appropriate assistance;
            (4) recommendations on methods to ensure that State mental 
        health licensing laws do not act to prevent out-of-state mental 
        health workers from working at the site of an aircraft accident 
        or other related sites;
            (5) recommendations on the extent to which military experts 
        and facilities can be used to aid in the identification of the 
        remains of passengers involved in an aircraft accident; and
            (6) recommendations on methods to improve the timeliness of 
        the notification provided by air carriers to the families of 
        passengers involved in an aircraft accident, including--
                    (A) an analysis of the steps that air carriers 
                would have to take to ensure that an accurate list of 
                passengers on board the aircraft would be available 
                within 1 hour of the accident and an analysis of such 
                steps to ensure that such list would be available 
                within 3 hours of the accident;
                    (B) an analysis of the added costs to air carriers 
                and travel agents that would result if air carriers 
                were required to take the steps described in 
                subparagraph (A); and
                    (C) an analysis of any inconvenience to passengers, 
                including flight delays, that would result if air 
                carriers were required to take the steps described in 
                subparagraph (A).
    (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).

SEC. 5. LIMITATION ON STATUTORY CONSTRUCTION.

    Nothing in this Act or any amendment made by this Act may be 
construed as limiting the actions that an air carrier may take, or the 
obligations that an air carrier may have, in providing assistance to 
the families of passengers involved in an aircraft accident.

            Passed the House of Representatives September 18, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.