
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 402(a)(1)-(3)]
[Document affected by Public Law 106-181 Section 402(a)(5)-(c)]
[Document affected by Public Law 106-181 Section 402(a)(4)]
[CITE: 49USC41113]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                     subpart ii--economic regulation
 
                  CHAPTER 411--AIR CARRIER CERTIFICATES
 
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 within the control of the air carrier.
        (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.

(Added Pub. L. 104-264, title VII, Sec. 703(a), Oct. 9, 1996, 110 Stat. 
3267.)

                       References in Text

    The date of the enactment of this section, referred to in subsecs. 
(a) and (c), is the date of enactment of Pub. L. 104-264, which was 
approved Oct. 9, 1996.


                             Effective Date

    Except as otherwise specifically provided, section applicable only 
to fiscal years beginning after Sept. 30, 1996, and not to be construed 
as affecting funds made available for a fiscal year ending before Oct. 
1, 1996, see section 3 of Pub. L. 104-264, set out as an Effective Date 
of 1996 Amendment note under section 106 of this title.


                       Establishment of Task Force

    Section 704 of Pub. L. 104-264 provided that:
    ``(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) Guidelines and Recommendations.--The task force established 
pursuant to subsection (a) shall develop--
        ``(1) guidelines 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);
            ``(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); and
            ``(D) an analysis of the implications for personal privacy 
        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 [Oct. 9, 1996], the Secretary shall transmit to Congress a 
report containing the model plan and recommendations developed by the 
task force under subsection (b).''


                  Limitation on Statutory Construction

    Section 705 of title VII of Pub. L. 104-264 provided that: ``Nothing 
in this title [enacting this section and section 1136 of this title, 
amending section 1155 of this title, and enacting provisions set out as 
notes under this section and section 40101 of this title] or any 
amendment made by this title 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.''
