[House Report 104-793]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-793
_______________________________________________________________________
AVIATION DISASTER FAMILY ASSISTANCE ACT OF 1996
_______________________________________________________________________
September 17, 1996.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 3923]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3923) 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, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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.
Report
Airline travel is the safest mode of transportation. In
1995, 162 people died in commercial U.S. air carrier accidents.
Over 3,300 people die per month on the nation's highways. Since
aviation accidents are infrequent, airlines and government
agencies are not always prepared to deal with all aspects of an
aviation disaster. One area that clearly needs improvement is
the communication with the families of accident victims.
After an accident, information about the crash and its
victims is often difficult to obtain. Information as simple as
who was on the aircraft can take hours or days to confirm.
Family and friends of victims of aviation accidents have been
so disappointed, and even outraged, with the way they were
treated by government agencies, the involved airlines, the
media, and certain lawyers that they have begun to organize and
demand better information and treatment.
Insensitivity or ignorance by the involved airline or a
government representative has caused additional pain and
suffering to the families of accident victims. Some of these
horror stories after aviation accidents include:
Impersonal messages left on answering machines such
as one family that received a message as follows:
``This is Pan Am calling. Your daughter Diane was on
Pan Am flight 103. The plane went down over Scotland.
There were no survivors. If you have any questions you
may call us.''
Another family recounts the story about how when they
heard about the crash, they called the hotline number,
but did not get any information until the next morning.
The airline told them that their son was indeed a
passenger, and the caller offered to report back every
15 minutes but never called back once.
After a crash near Roselawn, Indiana, there was a
mass burial of the unidentified remains about which
many of the victims' families claim they were not
informed.
After an accident near Pittsburgh, some families
claim that 38 caskets of unidentified human remains
were buried without their knowledge the day before a
special service was held where only 2 caskets
containing unidentified human remains were shown. An
airline spokesman said at the time that the airline did
not tell relatives about the 38 caskets unless they
asked because it thought the knowledge would be too
distressing. Some families thought that the airline's
attempt to ``protect'' them was unnecessary and
deceitful.
Six months after the accident, relatives of people
who died aboard USAir Flight 427 near Pittsburgh found
some of their loved ones' belongings in a trash bin
outside the hangar where the wreckage of the plane was
stored. They found rings, watches, other jewelry,
personal planners, address books, wallets, and other
things that were important to the victims' family.
These belongings were in poor condition since the items
sat in the mud in a dumpster for 6 months.
These are only a few of the post-accident horror stories
told by family members of aviation accident victims. Some of
these family members have been motivated to organize support
groups. These groups are interested in making communication
with the concerned parties better in anticipation of future
aviation accidents.
Groups that have organized include the National Air
Disaster Alliance and several organizations representing the
families of victims of the bombing of Pan Am 103. These groups
are seeking a more organized approach to dealing with tragic
air disasters. They made a variety of recommendations in
hearings before the Subcommittee on Aviation including:
Establishing a reliable 1-800 phone number assigned
exclusively to handle accident related calls from
family members and which is able to handle the large
number of calls received after the accident.
Notifying family members in person by an
appropriately trained person (such as a police officer
or minister).
Giving family members immediate access to the
passenger manifest list, regardless of its accuracy.
Designating a third party responsible for post trauma
communication with the families including meetings
immediately after the crash and at regular intervals
thereafter.
Providing family members with printed material to
explain the role of the National Transportation Safety
Board (NTSB), the Department of Transportation (DOT),
and the Federal Aviation Administration (FAA).
Requiring the airlines, coroner, and other involved
parties to share all information they have about the
crash and the victims with the family members as soon
as it is available.
Requiring that everything be returned to family
members and survivors and that nothing is destroyed.
Ensuring that if a mass burial plot is used, it
should belong to the families. Families should decide
what is written on the monument, and there should be
written documentation that the families agreed to the
inscriptions.
Providing better control of the media at the crash
site.
These and other recommendations were discussed at the
Aviation Subcommittee's hearing on June 19. At that time, the
Subcommittee heard from the Department of Transportation (DOT),
National Transportation Safety Board (NTSB), airlines, and
family representatives including representatives of the Pan Am
103 bombing and the ValuJet crash. Interest in this issue was
heightened by the recent TWA disaster.
Witnesses at the June 19 hearing discussed the above
recommendations and the organization that could most
successfully implement them. Some witnesses recommended that
the American Red Cross be appointed to coordinate victims'
families concerns. As with natural disasters, the Red Cross
could quickly mobilize and have an immediate response team to
deal with victims' families. Other witnesses believed that the
Department of Transportation (DOT) or National Transportation
Safety Board (NTSB) should provide a family advocate. The
airlines argued that they should continue to have the primary
responsibility in this area.
An additional issue discussed at the hearing was the
inappropriateness of lawyers approaching families of victims
immediately after a crash. Lawyers in Florida after the recent
ValuJet crash were characterized as overzealous attorneys who
relentlessly pursued grieving relatives of crash victims. After
employees from one law firm handed out business cards in the
hotel lobby where family members were staying, and before and
after a memorial service at the Everglades crash site, some
relatives requested an injunction against the lawyers.
Another issue that received a great deal of attention since
the TWA crash was the time it takes to notify families of the
fate of their loved one. Airlines say that they can produce a
passenger manifest instantly but that it is not 100% accurate
and the list may contain no more than a first initial and last
name of a passenger. Verifying the passenger list and obtaining
names and phone numbers of next-of-kin can be delayed because
names are misspelled, passengers travel under fictitious names,
names are changed through marriage or divorce, passengers
travel on someone else's ticket, passengers are bumped from
flights at the last moment, passengers miss connections, and
stand-by passengers are added at the last minute. Airlines fear
that providing inaccurate information would be worse than
providing no information at all so they usually seem to provide
no information to families at all until the list has been
verified.
Current law (49 U.S.C. 44909) requires U.S. airlines to
provide the passenger manifest to the Secretary of State within
3 hours of being notified of an aviation disaster outside of
the U.S. Implementation of this provision has been blocked
since 1993 by successive Appropriations Acts, most recently
section 319 of Public Law 104-50 (the FY 96 appropriation).
There is no similar provision in current law applying to
flights within the U.S.
In order to address the problems discussed above and at the
June 19th hearing, the reported bill, H.R. 3923, the Aviation
Disaster Family Assistance Act of 1996 was introduced on July
31, 1996. The reported bill would require the NTSB to designate
both a director of family support services within the agency
and an independent third party outside of government, such as
the Red Cross, to help address the needs of the families.
Notification of next-of-kin would continue to be the
responsibility of the airlines but the manifest would have to
be given immediately to the director and to the Red Cross, if
requested, so that they could provide families with whatever
information is available.
The NTSB is selected as the Federal government point of
contact since it is involved in every incident and has the
greatest storehouse of experience.
By a memorandum dated September 9, 1996, the President
asked that the NTSB act as coordinator of federal services for
families of aircraft accident victims and directed departments
of the Executive Branch to recognize NTSB's role and enter into
cooperative memoranda of understanding. This action complements
the provisions of the reported bill.
However, the memorandum contemplates a commitment of
federal resources outside the control of the NTSB while at the
same time making NTSB the focal point of their delivery.
Whether this can work in practice depends on the willingness of
the Executive Branch agencies to bring forth their resources
when called upon. The Committee urges these agencies to review
existing resources to ensure that the NTSB is given the
resources to do the job called for by the September 9
memorandum and this legislation.
Section-by-Section Summary
Section 1.--Short title
This section provides that the Act may be cited as the
``Aviation Disaster Family Assistance Act of 1996''.
Section 2.--Assistance by the National Transportation Safety Board to
families of passengers involved in aircraft accidents
This section authorizes the National Transportation Safety
Board (NTSB) to provide assistance to families of passengers
involved in aircraft accidents within the United States. This
includes not only those accidents that occur within the 50
States and the territories and possessions of the United States
but also those that occur within the territorial sea of the
United States as established by Presidential proclamation 5928
(December 27, 1988) and any other aircraft accident for which
the NTSB is the lead aviation investigatory agency. The
provision applies only to accidents involving air carriers and
foreign air carriers as those terms are used in 49 U.S.C.
40102. This refers to commercial airlines, both large jet
carriers and commuters, and to both scheduled airlines and
charter airlines.
Subsection (a) adds a new section 1136 to title 49.
Subsection (a) of this new section 1136 directs the NTSB
Chairman to take action as soon as practical after being
notified of an airline accident involving a major loss of life.
This terminology is used to give the agency flexibility in
deciding when to invoke the procedures of this section. It is
the Committee's observation that the complaints that gave rise
to the need of this legislation have occurred only in major
airline accidents where there have been a large number of
deaths. While any loss of life is tragic, it seems that the
procedures of the reported bill are not needed in accidents
where there are few deaths. It will be the responsibility of
the agency to decide where to draw the line in individual
cases. Where the procedures of this bill are to be invoked, the
NTSB Chairman is required to take the following actions:
(1) designate an NTSB employee as a director of
family support services who shall be a point of contact
within the government for the families and a liaison
between the airline and the families;
(2) designate an independent organization with
experience in disasters to be responsible for
coordinating the emotional care and support of the
families. In the hearings, most of the testimony
focused on the Red Cross as the agency best qualified
to perform the functions envisioned by this paragraph.
However, the Salvation Army and other groups have also
indicated an interest. The Committee has the highest
regard for the Red Cross but considers it best to leave
the decision as to which organization to designate to
the NTSB. Also the provision is drafted with sufficient
flexibility so that the NTSB could, if it considers it
to be appropriate, select the organization on an annual
or other periodic basis and then designate or notify
that organization each time an accident occurs. In this
way, the designated organization might be better able
to put systems in place, develop preparedness plans
with major airlines and the NTSB, and be ready to
respond immediately when a crash occurs. Whatever
organization is selected, that organization will be
responsible for coordinating the emotional care and
support of the families. The physical care, such as
providing transportation, hotel accommodations, and
meals should continue to be the responsibility of the
airline involved.
Subsection (b) of section 1136 states the NTSB shall have
the primary Federal responsibility for facilitating the
recovery and identification of passengers killed in the
accident. While the actual hands-on work of recovery and
identification is usually the responsibility of local
authorities and medical examiners, this provision is intended
to ensure that the NTSB can take such action as may be
necessary to speed the recovery and identification of those
killed in the accident.
Subsection (c) of section 1136 sets forth the following
specific responsibilities of the independent organization
designated above.
(1) Provide mental health and counseling services in
coordination with the airline.
(2) Provide an environment where the families can
grieve in private free from intrusion by lawyers and
the press.
(3) Meet with families who come to the scene, contact
the other families, and stay in contact until such time
as assistance is no longer needed.
(4) Communicate with the families about the roles of
the parties involved.
(5) Arrange a suitable memorial service in
consultation with the families.
Subsection (d) of section 1136 directs the NTSB's director
of family support services to request the passenger list as
soon as possible. The subsection also gives the designated
organization the option of requesting that list. Recipients of
that list could not release it publicly but they could use it
to provide information to the families. This is designed to
supplement, but not replace, the airline's notification of the
next-of-kin. Neither the family support services director or
the designated organization would be responsible for the formal
notification. That remains with the airline involved. However,
this subsection is intended to give families another option for
information in the first hours after the accident if they feel
the airline is not being sufficiently responsive. Obviously,
this list will have to be handled with care since it may not be
entirely accurate.
Subsection (e) of section 1136 requires that NTSB brief the
families prior to any public briefing about the accident.
Additionally, the Board is required to individually inform the
families about and allow them to attend any public hearings or
Board meetings about the accident. Individually informing the
families requires more than a notice in the Federal Register or
other general announcement.
Subsection (f) requires the designated organization to
coordinate its activities with the airline and enables it to
use the resources of the airline to help it carry out its
duties under this legislation.
Subsection (g) prohibits any person from impeding the NTSB,
the director of family support services, or designated
organization in carrying out their responsibilities or the
ability of the families to have contact with one another. This
subsection also includes a prohibition on lawyers making
unsolicited communications to families within 30 days of the
accident. This provision is designed to protect the privacy and
tranquility of aircraft accident victims and their families
from intrusive, unsolicited contact by lawyers, law firm
employees, or others related to potential litigation during the
period of immediate grieving. A similar prohibition in Florida
(Rule 4-7.4(b)(1)) was recently upheld by the Supreme Court,
Florida Bar v. Went for It, Inc., 115 S.Ct. 2371 (1995).
Subsection (h) defines an aircraft accident under this bill
as including any aviation disaster regardless of its cause or
suspected cause. It also defines ``passenger'' so that airline
employees are afforded the same benefits that passengers
receive under this legislation.
Subsection (b) of section 2 of this bill establishes a
$1,000 civil penalty for anyone who impedes the NTSB, family
advocate, or designated organization or who makes an
unsolicited communication in violation of subsection (g) above.
Section 3.--Air carrier plans to address needs of families of
passengers involved in aircraft accidents
This section adds a new section 41113 to title 49 requiring
airlines to have plans to address the needs of families after
accidents. Subsection (a) of section 41113 requires each
airline to submit a plan to the Secretary and the NTSB within 6
months setting forth how that airline plans to address the
needs of families of passengers involved in an accident.
Subsection (b) sets forth the minimum elements of the plan, as
follows:
(1) A reliable toll-free telephone number and the
staff to handle the calls from families.
(2) A process for notifying families of the fate of
passengers before the passenger list is publicly
released using suitably trained individuals.
(3) An assurance that a family is notified in person,
if practical, and as soon as the airline confirms that
the next of kin of that family was in fact on board the
aircraft even if the airline has not verified all the
names on the passenger manifest.
(4) An assurance that the airline will provide the
passenger manifest to the family support services
director and the designated organization immediately
upon request.
(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,
the airline will return the possessions of the
passenger unless those possessions are needed for the
accident investigation.
(7) An assurance that any unclaimed items will be
retained for at least 18 months.
(8) An assurance that each family will be consulted
about the construction of any monument and the
inscription thereon.
(9) An assurance that the treatment of the families
of non-revenue passengers and victims on the ground
will be the same as the treatment of the families of
revenue passengers.
(10) An assurance that the airline will work with the
designated organization on an ongoing basis to help the
families.
(11) An assurance that the airline will provide
reasonable compensation to the designated organization.
(12) An assurance that the airline will assist the
family in traveling to the location of the accident and
provide for the physical care, such as hotel and meals,
of the families.
(13) An assurance that the airline will commit
sufficient resources to carry out the above plan.
Subsection (c) of section 4113 requires a new airline to
have a plan complying with the above requirements before
receiving a certificate to fly from DOT.
Subsection (d) states that an airline shall not be liable
for damages arising out of the preparation or provision of a
passenger list to the family services director or the
designated organization.
Subsection (e) of section 41113 defines an aircraft
accident and passenger in the same way as section 1136
summarized above.
Section 4.--Establishment of task force
This section direct DOT, to establish a task force with
NTSB, the Federal Emergency Management Agency (FEMA), the Red
Cross, the airlines, airline employees, the families, and other
appropriate parties that would--
(1) develop a model plan that airlines could adopt
and use to meet the needs of families of passengers
involved in airline accidents:
(2) make recommendations on ways to ensure that
lawyers and the press do not intrude on the privacy of
families;
(3) recommend ways to ensure that citizens of other
countries receive appropriate assistance;
(4) recommend ways to ensure that State mental health
licensing laws do not act to prevent out-of-state
mental health workers from helping at the location of
the accident;
(5) recommend whether and how to get the military
experts and facilities involved in the identification
of passenger remains to help speed up the process; and
(6) recommend ways to speed up the notification of
next-of-kin including analysis of the costs and delays
that would result if any of these recommendations were
adopted.
This section lists the key members of the task force but
that is not intended to be the exclusive list. Among the family
members, the Committee recommends that the National Air
Disaster Alliance and the organizations representing the
families of Pan Am 103 be included on the Task Force. In
addition, the Committee believes that the National Foundation
for Mortuary Care and the Tragedy Assistance Program for
Survivors (TAPS) would be valuable additions to the Task Force.
Section 5.--Limitation on statutory construction
This section makes clear that airlines may do more than the
minimum required by this bill to help the families. The
Committee strongly believes that they should.
Hearings and Legislative History
The Subcommittee on Aviation held hearings on the issue of
treatment of families after airline accidents on June 19, 1996.
H.R. 3923 was introduced on July 31, 1996. A hearing was held
on that bill on September 5, 1996.
On September 11, 1996, the Subcommittee on Aviation
reported the bill, by unanimous voice vote, to the Committee on
Transportation and Infrastructure. On September 12, 1996 the
Committee on Transportation and Infrastructure ordered the bill
reported, with an amendment, by voice vote with a quorum
present.
Committee Oversight Findings and Recommendations
With respect to the requirements of clause 2(l)(3)(A) of
rule XI of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Inflationary Impact Statement
Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the Committee estimates that the
enactment of H.R. 3923 will have no significant inflationary
impact on prices and costs in the operation of the national
economy.
Costs of the Legislation
Clause 7 of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 403 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XI
1. With respect to the requirement of clause 2(l)(3)(B) of
rule XI of the Rules of the House of Representatives, and
section 308(a) of the Congressional Budget Act of 1974, the
Committee references the report of the Congressional Budget
Office included below.
2. With respect to the requirement of clause 2(l)(3)(D) of
rue XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 3923.
3. With respect to the requirement of clause 2(l)(3)(C) of
Rule XI of the Rules of the House of Representatives and
section 403 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
3923 from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 16, 1996.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed H.R. 3923, the Aviation Disaster Family Assistance Act
of 1996, as ordered reported by the House Committee on
Transportation and Infrastructure on September 12, 1996. This
bill would require the National Transportation Safety Board
(NTSB) and air carriers to become actively involved in
addressing the needs of families of passengers involved in
aircraft accidents. CBO estimates that implementing H.R. 3923
would cost the federal government about $750,000 in fiscal year
1997, and about $700,000 each year thereafter, assuming
appropriations of the necessary amounts. Enacting H.R. 3923
could increase collections of civil penalties, which are
federal receipts, but CBO estimates that any such increases
would be less than $500,000 annually. Nevertheless, pay-as-you-
go procedures would apply.
Bill Purpose.--H.R. 3923 would require the NTSB to
designate an employee to be a director of family support
services and to serve as the contact person for families of
passengers who are in aircraft accidents and the liaison
between the air carrier and such families. The director of
family support services also would be responsible for obtaining
the passenger lists and providing information on such lists to
families of passengers to the extent that the director
considers appropriate.
The bill also would require the NTSB to designate an
independent nonprofit organization that would be responsible
for mental health counseling, meeting with the contacting
families, and arranging memorial services. The NTSB would
facilitate the recovery and identification of passengers and
work closely with families to ensure that they are informed of
developments in the investigation of an accident. The
designated organization would be compensated by air carriers.
In addition, this bill would require the Secretary of
Transportation, NTSB, the Federal Emergency Management Agency,
the American Red Cross, air carriers, and families that have
been involved in aircraft accidents to establish a task force
comprised of representatives of these groups, air carrier
employees, and other entities designated by the Secretary. This
task force would, in addition to developing numerous
recommendations, transmit a report to the Congress within a
year of the bill's enactment.
Federal Budgetary Impact.--Based on information from the
Department of Transportation, CBO estimates that the NTSB would
need an additional seven employees to fulfill the new
requirements at a cost of about $700,000 annually. These staff
positions would include the director of family support services
and other technical and administrative staff. The work of the
task force and the report to the Congress would cost the Office
of the Secretary an additional $50,000 in 1997. In both cases,
such spending would be subject to appropriation of the
necessary amounts.
The bill would prohibit two types of actions. It would
establish civil penalties for hindering the ability of the NTSB
and the nonprofit organization to carry out their
responsibilities or the ability of families of passengers to
contact each other. Civil penalties would also be established
against lawyers who make unsolicited contacts with injured
individuals or family members before 30 days after an accident.
CBO estimates that establishing such penalties would increase
governmental receipts by less than $500,000 annually.
Intergovernmental Mandates.--H.R. 3923 contains an
intergovernmental mandate because it would prohibit any person,
including a state and local government, from impeding the NTSB
or the designated organization in their authorized assistance
activities. CBO estimates that state and local governments
would not incur any costs in complying with this mandate.
Private-Sector Mandates.--CBO has identified three private-
sector mandates in this bill. Two of these mandates would
prohibit certain activities related to aircraft accidents, as
explained above. The other would impose new planning
requirements on air carriers. CBO estimates that the net direct
costs to the private sector would be well under the $100
million threshold. Compliance with the two prohibitions would
impose no costs on the private sector. CBO estimates that the
penalties associated with violating those prohibitions could
result in payments to the government but that such receipts
would total less than $500,000 annually.
The third mandate pertains to the bill's requirement that
air carriers holding a certificate of public convenience and
necessity submit and comply with a plan that addresses the
needs of the families of passengers, including employees of the
air carrier on the aircraft, involved in an aircraft accident
resulting in a major loss of life. This plan would be submitted
to the Secretary of Transportation and the Chairman of the
National Transportation Safety Board no later than six months
after enactment of the bill. Air carriers that hold a
certificate of public convenience and necessity include both
passenger and cargo air carriers, many of which are currently
modifying their existing plans to address the needs of the
families of passengers involved in aircraft accidents. Based on
information from a sampling of passenger and cargo carriers,
CBO estimates that the net direct costs of any further
modifications would be small for large carriers since they are
revising their current plans to increase consideration of the
needs of the families of those passengers.
However, some of the new and small cargo-only carriers and
air carriers based in Alaska do not have any type of formal
written plan and this bill would require them to submit one.
There are fewer than 40 such carriers in Alaska. According to
some of those carriers, the cost of designing a plan would not
be large since it would involve a one-time effort of a current
employee. Implementation costs would be small in any given year
since the air carrier would have to carry out the plan only if
it were involved in an aircraft accident resulting in a major
loss of life. Netted against those costs would be savings that
affected air carriers might realize by a provision that would
limit the liability of an air carrier arising out of its
performance in preparing or providing the passenger list
pursuant to the requirements of this bill. Thus, net direct
costs to air carriers should be well below the threshold for
private-sector mandates.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Clare
Doherty (for federal costs), and Karen McVey (for the state and
local costs), and Jean Wooster (for the impact on the private
sector).
Sincerely,
June E. O'Neill, Director.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows (existing law proposed
to be omitted is enclosed in black brackets, new matter is
printed in italic, existing law in which no change is proposed
is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE II--OTHER GOVERNMENT AGENCIES
* * * * * * *
CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD
* * * * * * *
SUBCHAPTER III--AUTHORITY
1131. General authority.
* * * * * * *
1136. Assistance to families of passengers involved in aircraft
accidents.
* * * * * * *
SUBCHAPTER III--AUTHORITY
* * * * * * *
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.
* * * * * * *
SUBCHAPTER IV--ENFORCEMENT AND PENALTIES
* * * * * * *
Sec. 1155. Aviation penalties
(a) Civil Penalty.--(1) A person violating section 1132 [or
1134(b) or (f)(1)], section 1134(b), section 1134(f)(1), or
section 1136(g) (related to an aircraft accident) of this title
or a regulation prescribed or order issued under [either of]
any of those sections is liable to the United States Government
for a civil penalty of not more than $1,000. A separate
violation occurs for each day a violation continues.
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
* * * * * * *
SUBPART II--ECONOMIC REGULATION
CHAPTER 411--AIR CARRIER CERTIFICATES
Sec.
41101. Requirement for a certificate.
* * * * * * *
41113. Plans to address needs of families of passengers involved in
aircraft accidents.
* * * * * * *
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.
* * * * * * *