[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.
          * * * * * * *