49 U.S.C. § 1136 — Assistance to passengers involved in air-

Page 171 TITLE 49—TRANSPORTATION § 1136 Pub. L. 109–443, § 2(b), Dec. 21, 2006, 120 Stat. 3298; Pub. L. 111–216, title II, § 202, Aug. 1, 2010, 124 Stat. 2351; Pub. L. 111–249, § 6(1), (2), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 118–63, title XII, §§ 1214, 1220(a), May 16, 2024, 138 Stat. 1426, 1432.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1135(a), (b) 49 App.:1906(a) (less last sentence). Jan. 3, 1975, Pub. L. 93–633, § 307(a), 88 Stat. 2172; Nov. 3, 1981, Pub. L. 97–74, § 6, 95 Stat. 1066; July 19, 1988, Pub. L. 100–372, § 3(b), 102 Stat. 876. 1135(c) ........ 49 App.:1906(a) (last sentence). 1135(d) ........ 49 App.:1906(b). Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 307(b); added Nov. 3, 1981, Pub. L. 97–74, § 6, 95 Stat. 1066. In subsections (a) and (b), the words ‘‘carry out’’ are substituted for ‘‘initiate and conduct’’ for consistency in the revised title and with other titles of the United States Code. In subsection (a)(1), the word ‘‘complete’’ is sub- stituted for ‘‘in full’’ for consistency in the revised title. Editorial Notes AMENDMENTS 2024—Subsec. (c). Pub. L. 118–63, § 1214, substituted ‘‘public—’’ and pars. (1) and (2) for ‘‘public at reason- able cost.’’ Subsec. (e). Pub. L. 118–63, § 1220(a), struck out subsec. (e) which required the Secretary to annually submit regulatory status reports to Congress. 2010—Subsec. (a). Pub. L. 111–216, § 202(a), as amended by Pub. L. 111–249, § 6(1), inserted ‘‘to the Board’’ after ‘‘shall give’’ in introductory provisions. Subsecs. (d), (e). Pub. L. 111–216, § 202(b), as amended by Pub. L. 111–249, § 6(2), added subsec. (d) and redesig- nated former subsec. (d) as (e). 2006—Subsec. (d)(3). Pub. L. 109–443 amended heading and text of par. (3) generally. Prior to amendment, text read as follows: ‘‘This subsection shall cease to be in ef- fect after the report required to be filed on February 1, 2008, is filed.’’ 2003—Subsec. (d). Pub. L. 108–168 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: ‘‘The Secretary shall submit to Congress on January 1 of each year a report containing each recommendation on transportation safety made by the Board to the Secretary during the prior year and a copy of the Secretary’s response to each rec- ommendation.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–249, § 6, Sept. 30, 2010, 124 Stat. 2628, pro- vided that the amendments made by section 6 of Pub. L. 111–249 are effective as of Aug. 1, 2010, and as if in- cluded in Pub. L. 111–216 as enacted. REPORTS ON CERTAIN OPEN SAFETY RECOMMENDATIONS Pub. L. 108–168, § 9, Dec. 6, 2003, 117 Stat. 2035, provided that: ‘‘(a) INITIAL REPORT.—Within 1 year after the date of enactment of this Act [Dec. 6, 2003], the Secretary of Transportation shall submit a report to Congress and the National Transportation Safety Board containing the regulatory status of each open safety recommenda- tion made by the Board to the Secretary concerning— ‘‘(1) 15-passenger van safety; ‘‘(2) railroad grade crossing safety; and ‘‘(3) medical certifications for a commercial driv- er’s license. ‘‘(b) BIENNIAL UPDATES.—The Secretary shall con- tinue to report on the regulatory status of each such recommendation (and any subsequent recommendation made by the Board to the Secretary concerning a mat- ter described in paragraph (1), (2), or (3) of subsection (a)) at 2-year intervals until— ‘‘(1) final regulatory action has been taken on the recommendation; ‘‘(2) the Secretary determines, and states in the re- port, that no action should be taken on that rec- ommendation; or ‘‘(3) the report, if any, required to be submitted in 2008 is submitted. ‘‘(c) FAILURE TO REPORT.—If the Board has not re- ceived a report required to be submitted under sub- section (a) or (b) within 30 days after the date on which that report is required to be submitted, the Board shall notify the Committee on Transportation and Infra- structure of the House of Representatives and the Com- mittee on Commerce, Science, and Transportation of the Senate.’’ NTSB SAFETY RECOMMENDATIONS Pub. L. 107–355, § 19, Dec. 17, 2002, 116 Stat. 3009, as amended by Pub. L. 108–426, § 2(c)(3), Nov. 30, 2004, 118 Stat. 2424, provided that: ‘‘(a) IN GENERAL.—The Secretary of Transportation, the Administrator of Pipeline and Hazardous Materials Safety Administration, and the Director of the Office of Pipeline Safety shall fully comply with section 1135 of title 49, United States Code, to ensure timely respon- siveness to National Transportation Safety Board rec- ommendations about pipeline safety. ‘‘(b) PUBLIC AVAILABILITY.—The Secretary, Adminis- trator, or Director, respectively, shall make a copy of each recommendation on pipeline safety and response, as described in subsections (a) and (b) of section 1135, title 49, United States Code. ‘‘(c) REPORTS TO CONGRESS.—The Secretary, Adminis- trator, or Director, respectively, shall submit to Con- gress by January 1 of each year a report containing each recommendation on pipeline safety made by the Board during the prior year and a copy of the response to each such recommendation.’’ § 1136. Assistance to passengers involved in air- craft accidents and families of such pas- sengers (a) IN GENERAL.—As soon as practicable after being notified of an aircraft accident within United States airspace or airspace delegated to the United States involving an air carrier or for- eign air carrier, resulting in any loss of life, and for which the National Transportation Safety Board will serve as the lead investigative agen- cy, the Chairman of the 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 acci- dent and a liaison between the air carrier or foreign air carrier and the families; and (2) designate an independent nonprofit orga- nization, with experience in disasters and posttrauma communication with families, which shall have primary responsibility for co- ordinating the emotional care, psychological care, and family support services of passengers involved in the accident and the families of such passengers. (b) RESPONSIBILITIES OF THE BOARD.—The Board shall have primary Federal responsibility for facilitating the recovery and identification Page 172 TITLE 49—TRANSPORTATION § 1136 of fatally-injured passengers involved in an acci- dent described in subsection (a). (c) RESPONSIBILITIES OF DESIGNATED ORGANIZA- TION.—The organization designated for an acci- dent under subsection (a)(2) shall have the fol- lowing responsibilities with respect to pas- sengers involved in the accident and the families of such passengers: (1) To provide emotional care, psychological care, and family support services, in coordina- tion 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 fami- lies may grieve in private. (3) To meet with passengers involved in the accident and the families of such passengers who have traveled to the location of the acci- dent, to contact the families unable to travel to such location, and to contact all passengers and affected families regularly thereafter until such time as the organization, in con- sultation with the director of family support services designated for the accident under sub- section (a)(1), determines that further assist- ance is no longer needed. (4) To communicate with the passengers and 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 BY THE DI- RECTOR OF FAMILY SERVICES.— (A) REQUESTS BY DIRECTOR OF FAMILY SUP- PORT SERVICES.—It shall be the responsi- bility of the director of family support serv- ices designated for an accident under sub- section (a)(1) to request, as soon as prac- ticable, from the air carrier or foreign air carrier involved in the accident a passenger list, which is based on the best available in- formation 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 di- rector may, to the extent the director con- siders 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 per- son any information obtained under subpara- graph (B)(ii), except if given express author- ity from the director of family support serv- ices. (D) RULE OF CONSTRUCTION.—Nothing in subparagraph (C) shall be construed to pre- clude a local, Tribal, State, or Federal agen- cy from releasing information that is law- fully obtained through other means inde- pendent of releases made by the director of family support services under subparagraph (B). (2) REQUESTS FOR PASSENGER LISTS BY DES- IGNATED ORGANIZATION.— (A) REQUESTS BY DESIGNATED ORGANIZA- TION.—The organization designated for an accident under subsection (a)(2) may request from the air carrier or foreign air carrier in- volved 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 pro- vide information on the list about a pas- senger to the family of the passenger to the extent the organization considers appro- priate. (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, en- sure 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 ex- tent practicable, the organization designated for an accident under subsection (a)(2) shall coordi- nate 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 great- est extent possible to carry out the organiza- tion’s responsibilities under this section. (g) PROHIBITED ACTIONS.— (1) ACTIONS TO IMPEDE THE BOARD.—No per- son (including a State or political subdivision) may impede the ability of the Board (includ- ing the director of family support services des- ignated for an accident under subsection (a)(1)), or an organization designated for an ac- cident under subsection (a)(2), to carry out its responsibilities under this section or the abil- ity of passengers involved in the accident and the families of such passengers to have con- tact with one another. (2) UNSOLICITED COMMUNICATIONS.—In the event of an accident involving an air carrier providing interstate or foreign air transpor- tation and in the event of an accident involv- ing a foreign air carrier that occurs within the United States, no unsolicited communication concerning a potential action for personal in- jury or wrongful death may be made by an at- torney (including any associate, agent, em- ployee, or other representative of an attorney) or any potential party to the litigation to an individual injured in the accident, or to a rel- ative of an individual involved in the accident, before the 45th day following the date of the accident. (3) PROHIBITION ON ACTIONS TO PREVENT CER- TAIN CARE AND SUPPORT SERVICES.—No State or political subdivision thereof may prevent the employees, agents, or volunteers of an organi- zation designated for an accident under sub- section (a)(2) from providing emotional care, psychological care, and family support serv- ices under subsection (c)(1) in the 30-day pe- riod beginning on the date of the accident. The Page 173 TITLE 49—TRANSPORTATION § 1136 director of family support services designated for the accident under subsection (a)(1) may extend such period for not to exceed an addi- tional 30 days if the director determines that the extension is necessary to meet the needs of the passengers and families and if State and local authorities are notified of the determina- tion. (h) DEFINITIONS.—In this section, the following definitions apply: (1) AIRCRAFT ACCIDENT.—The term ‘‘aircraft accident’’ means any aviation disaster, regard- less of its cause or suspected cause, for which the Board is the lead investigative agency. (2) PASSENGER.—The term ‘‘passenger’’ in- cludes— (A) an employee of an air carrier or foreign air carrier aboard an aircraft; (B) any other person aboard the aircraft without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the flight; and (C) any other person injured or killed in the aircraft accident, as determined appro- priate by the Board. (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 in- volved in the accident. (i) STATUTORY CONSTRUCTION.—Nothing in this section may be construed as limiting the actions that an air carrier may take, or the obligations that an air carrier may have, in providing as- sistance to passengers involved in the aircraft accident and the families of such passengers. (j) RELINQUISHMENT OF INVESTIGATIVE PRI- ORITY.— (1) GENERAL RULE.—This section (other than subsection (g)) shall not apply to an aircraft accident if the Board has relinquished inves- tigative priority under section 1131(a)(2)(B) and the Federal agency to which the Board re- linquished investigative priority is willing and able to provide assistance to the victims and families of the passengers involved in the acci- dent. (2) BOARD ASSISTANCE.—If this section does not apply to an aircraft accident because the Board has relinquished investigative priority with respect to the accident, the Board shall assist, to the maximum extent possible, the agency to which the Board has relinquished investigative priority in assisting families with respect to the accident. (Added Pub. L. 104–264, title VII, § 702(a)(1), Oct. 9, 1996, 110 Stat. 3265; amended Pub. L. 106–181, title IV, § 401(a)(1), (b)–(d), Apr. 5, 2000, 114 Stat. 129; Pub. L. 108–168, § 3(a), Dec. 6, 2003, 117 Stat. 2033; Pub. L. 115–254, div. C, § 1109(c), Oct. 5, 2018, 132 Stat. 3434; Pub. L. 118–63, title XII, § 1215(a), May 16, 2024, 138 Stat. 1427.) Editorial Notes AMENDMENTS 2024—Pub. L. 118–63, § 1215(a)(1), substituted ‘‘to pas- sengers involved in aircraft accidents and families of such passengers’’ for ‘‘to families of passengers in- volved in aircraft accidents’’ in section catchline. Subsec. (a). Pub. L. 118–63, § 1215(a)(2)(A), (B), in intro- ductory provisions, inserted ‘‘within United States air- space or airspace delegated to the United States’’ after ‘‘aircraft accident’’ and substituted ‘‘Board shall’’ for ‘‘National Transportation Safety Board shall’’. Subsec. (a)(2). Pub. L. 118–63, § 1215(a)(2)(C), sub- stituted ‘‘emotional care, psychological care, and fam- ily support services’’ for ‘‘emotional care and support’’ and ‘‘passengers involved in the accident and the fami- lies of such passengers’’ for ‘‘the families of passengers involved in the accident’’. Subsec. (c). Pub. L. 118–63, § 1215(a)(3)(A), substituted ‘‘passengers involved in the accident and the families of such passengers’’ for ‘‘the families of passengers in- volved in the accident’’ in introductory provisions. Subsec. (c)(1). Pub. L. 118–63, § 1215(a)(3)(B), sub- stituted ‘‘emotional care, psychological care, and fam- ily support services’’ for ‘‘mental health and counseling services’’. Subsec. (c)(3). Pub. L. 118–63, § 1215(a)(3)(C), sub- stituted ‘‘passengers involved in the accident and the families of such passengers who have traveled to the lo- cation of the accident’’ for ‘‘the families who have trav- eled to the location of the accident’’ and ‘‘regularly’’ for ‘‘periodically’’ and inserted ‘‘passengers and’’ after ‘‘contact all’’. Subsec. (c)(4). Pub. L. 118–63, § 1215(a)(3)(D), inserted ‘‘passengers and’’ before ‘‘families’’. Subsec. (d). Pub. L. 118–63, § 1215(a)(4), amended sub- sec. (d) generally. Prior to amendment, subsec. (d) re- lated to requests for passenger lists and use of such in- formation. Subsec. (g)(1). Pub. L. 118–63, § 1215(a)(5), substituted ‘‘passengers involved in the accident and the families of such passengers’’ for ‘‘the families of passengers in- volved in the accident’’. Subsec. (g)(3). Pub. L. 118–63, § 1215(a)(6), in heading, substituted ‘‘prevent certain care and support’’ for ‘‘prevent mental health and counseling’’ and, in text, substituted ‘‘providing emotional care, psychological care, and family support services’’ for ‘‘providing men- tal health and counseling services’’ and inserted ‘‘pas- sengers and’’ before ‘‘families’’. Subsec. (h)(1). Pub. L. 118–63, § 1215(a)(7)(A), struck out ‘‘National Transportation Safety’’ before ‘‘Board’’. Subsec. (h)(3). Pub. L. 118–63, § 1215(a)(7)(B), added par. (3). Subsec. (i). Pub. L. 118–63, § 1215(a)(8), substituted ‘‘passengers involved in the aircraft accident and the families of such passengers’’ for ‘‘the families of pas- sengers involved in an aircraft accident’’. 2018—Subsec. (a). Pub. L. 115–254, § 1109(c)(1), in intro- ductory provisions, substituted ‘‘aircraft accident in- volving an air carrier or foreign air carrier, resulting in any loss of life, and for which the National Transpor- tation Safety Board will serve as the lead investigative agency’’ for ‘‘aircraft accident within the United States involving an air carrier or foreign air carrier and re- sulting in a major loss of life’’. Subsec. (h)(1). Pub. L. 115–254, § 1109(c)(2)(A), amended par. (1) generally. Prior to amendment, text read as fol- lows: ‘‘The term ‘aircraft accident’ means any aviation disaster regardless of its cause or suspected cause.’’ Subsec. (h)(2)(C). Pub. L. 115–254, § 1109(c)(2)(B), added subpar. (C). 2003—Subsec. (j). Pub. L. 108–168 added subsec. (j). 2000—Subsec. (g)(2). Pub. L. 106–181, § 401(a)(1), sub- stituted ‘‘transportation and in the event of an acci- dent involving a foreign air carrier that occurs within the United States,’’ for ‘‘transportation,’’, inserted ‘‘(including any associate, agent, employee, or other representative of an attorney)’’ after ‘‘attorney’’, and substituted ‘‘45th day’’ for ‘‘30th day’’. Subsec. (g)(3). Pub. L. 106–181, § 401(b), added par. (3). Subsec. (h)(2). Pub. L. 106–181, § 401(c), amended head- ing and text generally. Prior to amendment, text read as follows: ‘‘The term ‘passenger’ includes an employee of an air carrier aboard an aircraft.’’ Subsec. (i). Pub. L. 106–181, § 401(d), added subsec. (i). Page 174 TITLE 49—TRANSPORTATION § 1137 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–181 applicable only to fis- cal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title. EFFECTIVE DATE Except as otherwise specifically provided, section ap- plicable 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. § 1137. Authority of the Inspector General (a) IN GENERAL.—The Inspector General of the Department of Transportation, in accordance with the mission of the Inspector General to prevent and detect fraud and abuse, shall have authority to review only the financial manage- ment, property management, and business oper- ations of the National Transportation Safety Board, including internal accounting and admin- istrative control systems, to determine compli- ance with applicable Federal laws, rules, and regulations. (b) DUTIES.—In carrying out this section, the Inspector General shall— (1) keep the Chairman of the Board and Con- gress fully and currently informed about prob- lems relating to administration of the internal accounting and administrative control sys- tems of the Board; (2) issue findings and recommendations for actions to address such problems; and (3) report periodically to Congress on any progress made in implementing actions to ad- dress such problems. (c) ACCESS TO INFORMATION.—In carrying out this section, the Inspector General may exercise authorities granted to the Inspector General under subsections (a) and (c) of section 406 of title 5. (d) AUTHORIZATIONS OF APPROPRIATIONS.— (1) FUNDING.—There are authorized to be ap- propriated to the Secretary of Transportation for use by the Inspector General of the Depart- ment of Transportation such sums as may be necessary to cover expenses associated with activities pursuant to the authority exercised under this section. (2) REIMBURSABLE AGREEMENT.—In the ab- sence of an appropriation under this sub- section for an expense referred to in paragraph (1), the Inspector General and the Board shall have a reimbursable agreement to cover such expense. (Added Pub. L. 106–424, § 12(a), Nov. 1, 2000, 114 Stat. 1887; amended Pub. L. 109–443, § 4, Dec. 21, 2006, 120 Stat. 3299; Pub. L. 117–286, § 4(b)(96), Dec. 27, 2022, 136 Stat. 4353.) Editorial Notes AMENDMENTS 2022—Subsec. (c). Pub. L. 117–286 substituted ‘‘sub- sections (a) and (c) of section 406 of title 5.’’ for ‘‘sub- sections (a) and (b) of section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).’’ 2006—Subsec. (d). Pub. L. 109–443 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: ‘‘The Inspector General shall be reimbursed by the Board for the costs associated with carrying out activities under this section.’’ § 1138. Evaluation and audit of National Trans- portation Safety Board (a) IN GENERAL.—To promote economy, effi- ciency, and effectiveness in the administration of the programs, operations, and activities of the National Transportation Safety Board, the Comptroller General of the United States shall evaluate and audit the programs and expendi- tures of the Board. Such evaluation and audit shall be conducted as determined necessary by the Comptroller General or the appropriate con- gressional committees. (b) RESPONSIBILITY OF COMPTROLLER GEN- ERAL.—The Comptroller General shall evaluate and audit Board programs, operations, and ac- tivities, including— (1) information management and security, including privacy protection of personally identifiable information; (2) resource management; (3) workforce development; (4) procurement and contracting planning, practices and policies; (5) the process and procedures to select an accident to investigate; (6) the extent to which the Board follows leading practices in selected management areas; and (7) the extent to which the Board addresses management challenges in completing acci- dent investigations. (c) APPROPRIATE CONGRESSIONAL COMMIT- TEES.—For purposes of this section the term ‘‘appropriate congressional committees’’ means the Committee on Commerce, Science, and Transportation of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Representatives. (Added Pub. L. 109–443, § 5(a), Dec. 21, 2006, 120 Stat. 3299; amended Pub. L. 113–188, title XV, § 1502, Nov. 26, 2014, 128 Stat. 2025; Pub. L. 115–254, div. C, § 1110, Oct. 5, 2018, 132 Stat. 3435; Pub. L. 118–63, title XII, § 1221(a), May 16, 2024, 138 Stat. 1432.) Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–63 substituted ‘‘expendi- tures of the’’ for ‘‘expenditures of the National Trans- portation Safety’’. 2018—Subsec. (b)(5) to (7). Pub. L. 115–254, § 1110(1), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively. Subsec. (c). Pub. L. 115–254, § 1110(2), inserted comma after ‘‘Science’’. 2014—Subsec. (a). Pub. L. 113–188 struck out ‘‘at least annually, but may be conducted’’ after ‘‘Such evalua- tion and audit shall be conducted’’. § 1139. Assistance to passengers involved in rail passenger accidents and families of such pas- sengers (a) IN GENERAL.—As soon as practicable after being notified of a rail passenger accident with-