Page:United States Statutes at Large Volume 110 Part 5.djvu/194

 110 STAT. 3268 PUBLIC LAW 104-264—OCT. 9, 1996 49 USC 41113 note. "(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 samie 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 pursueint to a plan submitted by the £dr 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. 704. ESTABLISHMENT OF TASK FORCE. (a) ESTABLISHMENT.— The Secretary of Transportation, in cooperation with the National Treuisportation 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 employ- ees, 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—

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