text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Aviation Disaster Family Assistance 
  Act of 1996''.
  
  SEC. 2. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO FAMILIES 
                OF PASSENGERS INVOLVED IN AIRCRAFT ACCIDENTS.
  
      (a) Authority To Provide Assistance.--
              (1) In general.--Subchapter III of chapter 11 of title 49, 
          United States Code, is amended by adding at the end the 
          following:
  ``Sec. 1136. Assistance to families of passengers involved in aircraft 
                accidents
      ``(a) In General.--As soon as practicable after being notified of 
  an aircraft accident within the United States involving an air carrier 
  or foreign air carrier and resulting in a major loss of life, the 
  Chairman of the National Transportation Safety Board shall--
              ``(1) designate and publicize the name and phone number of 
          a director of family support services who shall be an employee 
          of the Board and shall be responsible for acting as a point of 
          contact within the Federal Government for the families of 
          passengers involved in the accident and a liaison between the 
          air carrier or foreign air carrier and the families; and
              ``(2) designate an independent nonprofit organization, with 
          experience in disasters and posttrauma communication with 
          families, which shall have primary responsibility for 
          coordinating the emotional care and support of the families of 
          passengers involved in the accident.
      ``(b) Responsibilities of the Board.--The Board shall have primary 
  Federal responsibility for facilitating the recovery and identification 
  of fatally-injured passengers involved in an accident described in 
  subsection (a).
      ``(c) Responsibilities of Designated Organization.--The 
  organization designated for an accident under subsection (a)(2) shall 
  have the following responsibilities with respect to the families of 
  passengers involved in the accident:
              ``(1) To provide mental health and counseling services, in 
          coordination with the disaster response team of the air carrier 
          or foreign air carrier involved.
              ``(2) To take such actions as may be necessary to provide 
          an environment in which the families may grieve in private.
              ``(3) To meet with the families who have traveled to the 
          location of the accident, to contact the families unable to 
          travel to such location, and to contact all affected families 
          periodically thereafter until such time as the organization, in 
          consultation with the director of family support services 
          designated for the accident under subsection (a)(1), determines 
          that further assistance is no longer needed.
              ``(4) To communicate with the families as to the roles of 
          the organization, government agencies, and the air carrier or 
          foreign air carrier involved with respect to the accident and 
          the post-accident activities.
              ``(5) To arrange a suitable memorial service, in 
          consultation with the families.
      ``(d) Passenger Lists.--
              ``(1) Requests for passenger lists.--
                      ``(A) Requests by director of family support 
                  services.--It shall be the responsibility of the 
                  director of family support services designated for an 
                  accident under subsection (a)(1) to request, as soon as 
                  practicable, from the air carrier or foreign air 
                  carrier involved in the accident a list, which is based 
                  on the best available information at the time of the 
                  request, of the names of the passengers that were 
                  aboard the aircraft involved in the accident.
                      ``(B) Requests by designated organization.--The 
                  organization designated for an accident under 
                  subsection (a)(2) may request from the air carrier or 
                  foreign air carrier involved in the accident a list 
                  described in subparagraph (A).
              ``(2) Use of information.--The director of family support 
          services and the organization may not release to any person 
          information on a list obtained under paragraph (1) but may 
          provide information on the list about a passenger to the family 
          of the passenger to the extent that the director of family 
          support services or the organization considers appropriate.
      ``(e) Continuing Responsibilities of the Board.--In the course of 
  its investigation of an accident described in subsection (a), the Board 
  shall, to the maximum extent practicable, ensure that the families of 
  passengers involved in the accident--
              ``(1) are briefed, prior to any public briefing, about the 
          accident, its causes, and any other findings from the 
          investigation; and
              ``(2) are individually informed of and allowed to attend 
          any public hearings and meetings of the Board about the 
          accident.
      ``(f) Use of Air Carrier Resources.--To the extent practicable, the 
  organization designated for an accident under subsection (a)(2) shall 
  coordinate its activities with the air carrier or foreign air carrier 
  involved in the accident so that the resources of the carrier can be 
  used to the greatest extent possible to carry out the organization's 
  responsibilities under this section.
      ``(g) Prohibited Actions.--
              ``(1) Actions to impede the board.--No person (including a 
          State or political subdivision) may impede the ability of the 
          Board (including the director of family support services 
          designated for an accident under subsection (a)(1)), or an 
          organization designated for an accident under subsection 
          (a)(2), to carry out its responsibilities under this section or 
          the ability of the families of passengers involved in the 
          accident to have contact with one another.
              ``(2) Unsolicited communications.--In the event of an 
          accident involving an air carrier providing interstate or 
          foreign air transportation, no unsolicited communication 
          concerning a potential action for personal injury or wrongful 
          death may be made by an attorney, representative of an 
          attorney, insurance company, or air carrier litigation 
          representative to an individual injured in the accident, or to 
          a relative of an individual involved in the accident, before 
          the 30th day following the date of the accident.
      ``(h) Definitions.--In this section, the following definitions 
  apply:
              ``(1) Aircraft accident.--The term `aircraft accident' 
          means any aviation disaster regardless of its cause or 
          suspected cause.
              ``(2) Passenger.--The term `passenger' includes an employee 
          of an air carrier aboard an aircraft.''.
              (2) Conforming amendment.--The table of sections for 
          chapter 11 of such title is amended by inserting after the item 
          relating to section 1135 the following:
  
  ``1136. Assistance to families of passengers involved in aircraft 
                              accidents.''.
      (b) Penalties.--Section 1155(a)(1) of such title is amended--
              (1) by striking ``or 1134(b) or (f)(1)'' and inserting ``, 
          section 1134(b), section 1134(f)(1), or section 1136(g)''; and
              (2) by striking ``either of'' and inserting ``any of''.
  
  SEC. 3. AIR CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF PASSENGERS 
                INVOLVED IN AIRCRAFT ACCIDENTS.
  
      (a) In General.--Chapter 411 of title 49, United States Code, is 
  amended by adding at the end the following:
  ``Sec. 41113. Plans to address needs of families of passengers involved 
                in aircraft accidents
      ``(a) Submission of Plans.--Not later than 6 months after the date 
  of the enactment of this section, each air carrier holding a 
  certificate of public convenience and necessity under section 41102 of 
  this title shall submit to the Secretary and the Chairman of the 
  National Transportation Safety Board a plan for addressing the needs of 
  the families of passengers involved in any aircraft accident involving 
  an aircraft of the air carrier and resulting in a major loss of life.
      ``(b) Contents of Plans.--A plan to be submitted by an air carrier 
  under subsection (a) shall include, at a minimum, the following:
              ``(1) A plan for publicizing a reliable, toll-free 
          telephone number, and for providing staff, to handle calls from 
          the families of the passengers.
              ``(2) A process for notifying the families of the 
          passengers, before providing any public notice of the names of 
          the passengers, either by utilizing the services of the 
          organization designated for the accident under section 
          1136(a)(2) of this title or the services of other suitably 
          trained individuals.
              ``(3) An assurance that the notice described in paragraph 
          (2) will be provided to the family of a passenger as soon as 
          the air carrier has verified that the passenger was aboard the 
          aircraft (whether or not the names of all of the passengers 
          have been verified) and, to the extent practicable, in person.
              ``(4) An assurance that the air carrier will provide to the 
          director of family support services designated for the accident 
          under section 1136(a)(1) of this title, and to the organization 
          designated for the accident under section 1136(a)(2) of this 
          title, immediately upon request, a list (which is based on the 
          best available information at the time of the request) of the 
          names of the passengers aboard the aircraft (whether or not 
          such names have been verified), and will periodically update 
          the list.
              ``(5) An assurance that the family of each passenger will 
          be consulted about the disposition of all remains and personal 
          effects of the passenger.
              ``(6) An assurance that if requested by the family of a 
          passenger, any possession of the passenger within the control 
          of the air carrier (regardless of its condition) will be 
          returned to the family unless the possession is needed for the 
          accident investigation or any criminal investigation.
              ``(7) An assurance that any unclaimed possession of a 
          passenger within the control of the air carrier will be 
          retained by the air carrier for at least 18 months.
              ``(8) An assurance that the family of each passenger will 
          be consulted about construction by the air carrier of any 
          monument to the passengers, including any inscription on the 
          monument.
              ``(9) An assurance that the treatment of the families of 
          nonrevenue passengers (and any other victim of the accident) 
          will be the same as the treatment of the families of revenue 
          passengers.
              ``(10) An assurance that the air carrier will work with any 
          organization designated under section 1136(a)(2) of this title 
          on an ongoing basis to ensure that families of passengers 
          receive an appropriate level of services and assistance 
          following each accident.
              ``(11) An assurance that the air carrier will provide 
          reasonable compensation to any organization designated under 
          section 1136(a)(2) of this title for services provided by the 
          organization.
              ``(12) An assurance that the air carrier will assist the 
          family of a passenger in traveling to the location of the 
          accident and provide for the physical care of the family while 
          the family is staying at such location.
              ``(13) An assurance that the air carrier will commit 
          sufficient resources to carry out the plan.
      ``(c) Certificate Requirement.--After the date that is 6 months 
  after the date of the enactment of this section, the Secretary may not 
  approve an application for a certificate of public convenience and 
  necessity under section 41102 of this title unless the applicant has 
  included as part of such application a plan that meets the requirements 
  of subsection (b).
      ``(d) Limitation on Liability.--An air carrier shall not be liable 
  for damages in any action brought in a Federal or State court arising 
  out of the performance of the air carrier in preparing or providing a 
  passenger list pursuant to a plan submitted by the air carrier under 
  subsection (b), unless such liability was caused by conduct of the air 
  carrier which was grossly negligent or which constituted intentional 
  misconduct.
      ``(e) Aircraft Accident and Passenger Defined.--In this section, 
  the terms `aircraft accident' and `passenger' have the meanings such 
  terms have in section 1136 of this title.''.
      (b) Conforming Amendment.--The table of sections for such chapter 
  is amended by adding at the end the following:
  
  ``41113. Plans to address needs of families of passengers involved in 
                              aircraft accidents.''.
  
  SEC. 4. ESTABLISHMENT OF TASK FORCE.
  
      (a) Establishment.--The Secretary of Transportation, in cooperation 
  with the National Transportation Safety Board, the Federal Emergency 
  Management Agency, the American Red Cross, air carriers, and families 
  which have been involved in aircraft accidents shall establish a task 
  force consisting of representatives of such entities and families, 
  representatives of air carrier employees, and representatives of such 
  other entities as the Secretary considers appropriate.
      (b) Model Plan and Recommendations.--The task force established 
  pursuant to subsection (a) shall develop--
              (1) a model plan to assist air carriers in responding to 
          aircraft accidents;
              (2) recommendations on methods to ensure that attorneys and 
          representatives of media organizations do not intrude on the 
          privacy of families of passengers involved in an aircraft 
          accident;
              (3) recommendations on methods to ensure that the families 
          of passengers involved in an aircraft accident who are not 
          citizens of the United States receive appropriate assistance;
              (4) recommendations on methods to ensure that State mental 
          health licensing laws do not act to prevent out-of-state mental 
          health workers from working at the site of an aircraft accident 
          or other related sites;
              (5) recommendations on the extent to which military experts 
          and facilities can be used to aid in the identification of the 
          remains of passengers involved in an aircraft accident; and
              (6) recommendations on methods to improve the timeliness of 
          the notification provided by air carriers to the families of 
          passengers involved in an aircraft accident, including--
                      (A) an analysis of the steps that air carriers 
                  would have to take to ensure that an accurate list of 
                  passengers on board the aircraft would be available 
                  within 1 hour of the accident and an analysis of such 
                  steps to ensure that such list would be available 
                  within 3 hours of the accident;
                      (B) an analysis of the added costs to air carriers 
                  and travel agents that would result if air carriers 
                  were required to take the steps described in 
                  subparagraph (A); and
                      (C) an analysis of any inconvenience to passengers, 
                  including flight delays, that would result if air 
                  carriers were required to take the steps described in 
                  subparagraph (A).
      (c) Report.--Not later than 1 year after the date of the enactment 
  of this Act, the Secretary shall transmit to Congress a report 
  containing the model plan and recommendations developed by the task 
  force under subsection (b).
  
  SEC. 5. LIMITATION ON STATUTORY CONSTRUCTION.
  
      Nothing in this Act or any amendment made by this Act may be 
  construed as limiting the actions that an air carrier may take, or the 
  obligations that an air carrier may have, in providing assistance to 
  the families of passengers involved in an aircraft accident.
  
              Passed the House of Representatives September 18, 1996.
  
              Attest:
  
                                                  ROBIN H. CARLE,
  
                                                                   Clerk.
target: Aviation Disaster Family Assistance Act of 1996 - Amends Federal transportation law to require the Chairman of the National Transportation Safety Board (NTSB), after an accident involving a domestic or foreign aircraft that results in a major loss of life of passengers, to:  (1) designate and publicize the name and phone number of a director of family support services to be a Government liaison between the air carrier or foreign air carrier and the families of the passengers; and (2) designate an experienced, independent nonprofit organization which shall have primary responsibility for coordinating the care and support of the passengers' families. Declares that the NTSB shall have primary Federal responsibility for facilitating the recovery and identification of fatally-injured passengers involved in an aircraft accident. Prohibits:  (1) any person from impeding the ability of the NTSB, or the designated organization, from carrying out its responsibilities under this Act; and (2) any unsolicited communications from being made to the families concerning potential action for personal injury or wrongful death before the 30th day following the accident.  Sets forth penalties for violations of this Act. Requires each air carrier to submit to the Secretary of Transportation and the Chairman of NTSB a plan for addressing the needs of the passengers' families.  Specifies minimum requirements for such a plan.  Prohibits the Secretary from approving an air carrier's application for a certificate of public convenience and necessity unless it includes such plan in its application. Requires the Secretary to establish a task force to develop:  (1) a model plan to assist air carriers in responding to aircraft accidents; (2) recommendations to the Congress on methods to ensure that attorneys and the media do not intrude on the privacy of the passengers' families; and (3) recommendations on methods with respect to assistance to non-citizens, out-of-state mental health workers at the accident site, the use of military experts and facilities in passenger remains identification, and timeliness of airline notification to families of victims.
feat_title: Aviation Disaster Family Assistance Act of 1996