Sec. 1215. IMPROVING DELIVERY OF FAMILY ASSISTANCE
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/statute-compilations/comps-17764/sec-1215A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 1215 IMPROVING DELIVERY OF FAMILY ASSISTANCE ###
(a)Aircraft Accidents Section 1136 of title 49, United States Code, is amended— ####
(1)in the heading by striking “to families of passengers involved in aircraft accidents” and inserting “to passengers involved in aircraft accidents and families of such passengers”; ####
(2)in subsection (a)— #####
(A)by inserting “within United States airspace or airspace delegated to the United States” after “aircraft accident”; #####
(B)by striking “National Transportation Safety Board shall” and inserting “Board shall”; and #####
(C)in paragraph (2)— ######
(i)by striking “emotional care and support” and inserting “emotional care, psychological care, and family support services”; and ######
(ii)by striking “the families of passengers involved in the accident” and inserting “passengers involved in the accident and the families of such passengers”; ####
(3)in subsection (c)— #####
(A)in the matter preceding paragraph (1), by striking “the families of passengers involved in the accident” and inserting “passengers involved in the accident and the families of such passengers”; #####
(B)in paragraph
(1)by striking “mental health and counseling services” and inserting “emotional care, psychological care, and family support services”; #####
(C)in paragraph (3)— ######
(i)by striking “the families who have traveled to the location of the accident” and inserting “passengers involved in the accident and the families of such passengers who have traveled to the location of the accident”; ######
(ii)by inserting “passengers and” before “affected families”; and ######
(iii)by striking “periodically” and inserting “regularly”; and #####
(D)in paragraph (4), by inserting “passengers and” before “families”; ####
(4)by amending subsection
(d)to read as follows: > > ### “(d) Passenger Lists > > > #### “(1) Requests for passenger lists by the director of family services > > > ##### “(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 passenger list, which is based on the best available information at the time of the request. > > > ##### “(B) Use of information > > The director of family support services may not release to any person information on a list obtained under subparagraph (A), except that the director may, to the extent the director considers appropriate, provide information on the list about a passenger to— > > > ###### “(i) > > the family of the passenger; or > > > ###### “(ii) > > a local, Tribal, State, or Federal agency responsible for determining the whereabouts or welfare of a passenger. > > > ##### “(C) Limitation > > A local, Tribal, State, or Federal agency may not release to any person any information obtained under subparagraph (B)(ii), except if given express authority from the director of family support services. > > > ##### “(D) Rule of construction > > Nothing in subparagraph
(C)shall be construed to preclude a local, Tribal, State, or Federal agency from releasing information that is lawfully obtained through other means independent of releases made by the director of family support services under subparagraph (B). > > > #### “(2) Requests for passenger lists by designated organization > > > ##### “(A) 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 passenger list. > > > ##### “(B) Use of information > > The designated organization may not release to any person information on a passenger list but may provide information on the list about a passenger to the family of the passenger to the extent the organization considers appropriate.” > ; ####
(5)in subsection (g)(1) by striking “the families of passengers involved in the accident” and inserting “passengers involved in the accident and the families of such passengers”; ####
(6)in subsection (g)(3)— #####
(A)in the paragraph heading by striking “prevent mental health and counseling” and inserting “prevent certain care and support”; #####
(B)by striking “providing mental health and counseling services” and inserting “providing emotional care, psychological care, and family support services”; and #####
(C)by inserting “passengers and” before “families”; ####
(7)in subsection (h)— #####
(A)by striking “National Transportation Safety”; and #####
(B)by adding at the end the following: > > #### “(3) Passenger list > > The term ‘passenger list’ means a list based on the best available information at the time of a request, of the name of each passenger aboard the aircraft involved in the accident.” > ; and ####
(8)in subsection
(i)by striking “the families of passengers involved in an aircraft accident” and inserting “passengers involved in the aircraft accident and the families of such passengers”. ###
(b)Clerical Amendment The analysis for chapter 11 of title 49, United States Code, is further amended by striking the item relating to section 1136 and inserting the following:" “1136. Assistance to passengers involved in aircraft accidents and families of such passengers.” ". ###
(c)Rail Accidents Section 1139 of title 49, United States Code, is amended— ####
(1)in the heading by striking “to families of passengers involved in rail passenger accidents” and inserting “to 138 STAT. 1429 passengers involved in rail passenger accidents and families of such passengers”; ####
(2)in subsection
(a)by striking “National Transportation Safety Board shall” and inserting “Board shall”; ####
(3)in subsection (a)(2)— #####
(A)by striking “emotional care and support” and inserting “emotional care, psychological care, and family support services”; and #####
(B)by striking “the families of passengers involved in the accident” and inserting “passengers involved in the accident and the families of such passengers”; ####
(4)in subsection (c)— #####
(A)in the matter preceding paragraph
(1)by striking “the families of passengers involved in the accident” and inserting “passengers involved in the accident and the families of such passengers”; #####
(B)in paragraph
(1)by striking “mental health and counseling services” and inserting “emotional care, psychological care, and family support services”; #####
(C)in paragraph (3)— ######
(i)by striking “the families who have traveled to the location of the accident” and inserting “passengers involved in the accident and the families of such passengers who have traveled to the location of the accident”; and ######
(ii)by inserting “passengers and” before “affected families”; and #####
(D)in paragraph
(4)by inserting “passengers and” before “families”; ####
(5)by amending subsection
(d)to read as follows: > > ### “(d) Passenger Lists > > > #### “(1) Requests for passenger lists by the director of family services > > > ##### “(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 rail passenger carrier involved in the accident a passenger list, which is based on the best available information at the time of the request. > > > ##### “(B) Use of information > > The director of family support services may not release to any person information on a list obtained under subparagraph (A), except that the director may, to the extent the director considers appropriate, provide information on the list about a passenger to— > > > ###### “(i) > > the family of the passenger; or > > > ###### “(ii) > > a local, Tribal, State, or Federal agency responsible for determining the whereabouts or welfare of a passenger. > > > ##### “(C) Limitation > > A local, Tribal, State, or Federal agency may not release to any person any information obtained under subparagraph (B)(ii), except if given express authority from the director of family support services. > > > ##### “(D) Rule of construction > > Nothing in subparagraph
(C)shall be construed to preclude a local, Tribal, State, or Federal agency from releasing information that is lawfully obtained through other means independent of releases made by the director of family support services under subparagraph (B). > > > #### “(2) Requests for passenger lists by designated organization > > > ##### “(A) Requests by designated organization > > The organization designated for an accident under subsection (a)(2) may request from the rail passenger carrier involved in the accident a passenger list. > > > ##### “(B) Use of information > > The designated organization may not release to any person information on a passenger list but may provide information on the list about a passenger to the family of the passenger to the extent the organization considers appropriate.” > ; ####
(6)in subsection (g)— #####
(A)in paragraph
(1)by striking “the families of passengers involved in the accident” and inserting “passengers involved in the accident and the families of such passengers”; and #####
(B)in paragraph (3)— ######
(i)in the paragraph heading by striking “prevent mental health and counseling” and inserting “prevent certain care and support”; ######
(ii)by striking “providing mental health and counseling services” and inserting “providing emotional care, psychological care, and family support services”; and ######
(iii)by inserting “passengers and” before “families”; and ####
(7)in subsection (h)— #####
(A)by striking “National Transportation Safety”; and #####
(B)by adding at the end the following: > > #### “(4) Passenger list > > The term ‘passenger list’ means a list based on the best available information at the time of the request, of the name of each passenger aboard the rail passenger carrier’s train involved in the accident. A rail passenger carrier shall use reasonable efforts, with respect to its unreserved trains, and passengers not holding reservations on its other trains, to ascertain the names of passengers aboard a train involved in an accident.” > . ###
(d)Plans To Address Needs of Families of Passengers Involved in Rail Passenger Accidents Section 24316(a) of title 49, United States Code, is amended by striking “a major” and inserting “any”. ###
(e)Information for Families of Individuals Involved in Accidents Section 1140 of title 49, United States Code, is amended— ####
(1)in the heading by striking “for families of individuals involved in accidents” and inserting “individuals involved in accidents and families of such individuals”; and ####
(2)by striking “the families of individuals involved in the accident” and inserting “individuals involved in accidents and the families of such individuals”. ###
(f)Clerical Amendment The analysis for chapter 11 of title 49, United States Code, is further amended by striking the item relating to section 1139 and inserting the following:" “1139. Assistance to passengers involved in rail passenger accidents and families of such passengers.” ".