Appendix C: DISCLOSURE FOR
CIVILIANS TRAVELING ABOARD
FEDERAL GOVERNMENT AIRCRAFT
NOTE: The disclosure contained herein is not all-inclusive. You should contact your agency’s personnel office, or if you are a private citizen, your agency sponsor or point-of-contact for further assistance.
To all passengers traveling aboard government aircraft:
1) Government-owned aircraft that are not transporting passengers or transporting property for commercial purposes are "public aircraft" as defined at 49 U.S.C. ¤ 40102(a)(37) and not regulated by the FAA except with regard to certain air traffic rules. Public Law 103-411, the Independent Safety Board Act Amendments of 1994, modified the definition of "public aircraft" to ensure that any Government-owned aircraft utilized to transport passengers would be required to comply with Federal Aviation Administration (FAA) safety regulations. Government-owned aircraft (other than armed forces’ or intelligence agencies’) that transport passengers or transport property for commercial purposes are considered civil aircraft and subject to all applicable FAA safety regulations such as certification, maintenance, and training. Any questions regarding the safety standards applicable to the aircraft upon which you will be traveling should be directed to the agency sponsor of the mission.
2) You and your family have certain rights and benefits in the unlikely event you are injured or killed while riding aboard a government-owned or operated aircraft. Federal employees, and some private citizens, are eligible for workers' compensation benefits under the Federal Employees' Compensation Act (FECA). When FECA applies, it is the sole remedy. For more information about FECA and its coverage, consult with your agency's benefits office or contact the Branch of Technical Assistance at the DOL's Office of Workers' Compensation Programs at (202) 693-0044. (These rules also apply to travel on other government-owned or operated conveyances such as cars, vans, or buses.)
3) State or foreign laws may provide for product liability or “third party” causes of action for personal injury or wrongful death. If you have questions about a particular case or believe you have a claim, you should consult with an attorney.
4) Some insurance policies may exclude coverage for injuries or death sustained while traveling aboard a government or military aircraft or while within a combat area. You may wish to check your policy or consult with your insurance provider before your flight. The insurance available to Federal employees through the Federal Employees Group Life Insurance Program does not contain an exclusion of this type.
5) If you are the victim of an air disaster resulting from criminal activity, Victim and Witness Specialists from the Federal Bureau of Investigation (FBI) and/or the local U.S. Attorney's Office will keep you or your family informed about the status of the criminal investigation(s) and provide you or your family with information about rights and services, such as crisis intervention, counseling and emotional support. State crime victim compensation programs may be able to help cover crime-related expenses, such as medical costs, mental health counseling, funeral and burial costs, and lost wages or loss of support. The Office for Victims of Crime (an agency of the DOJ) is authorized by the Antiterrorism Act of 1996 to provide emergency financial assistance to state programs, as well as the U.S. Attorneys Offices, for the benefit of victims of terrorist acts or mass violence.
If you are a Federal employee:
1) If you are injured or killed on the job during the performance of duty -- including while traveling aboard a government aircraft or other government-owned or operated conveyance for business purposes -- you and your family are eligible to collect workers' compensation benefits under FECA. You and your family may not file a personal injury or wrongful death suit against the United States or its employees. However, you may have a cause of action against potentially liable third parties.
2) You or your qualifying family members must normally also choose between FECA disability or death benefits, and those payable under your retirement system (either the Civil Service Retirement System or the Federal Employees Retirement System). You may choose the benefit that is more favorable to you.
If you are a private citizen not employed by the Federal
government:
1) Even if you are not regularly employed by the Federal government, if you are rendering personal service to the Federal government on a voluntary basis or for nominal pay, you may be defined as a Federal employee for purposes of FECA. If that is the case, you and your family are eligible to receive workers' compensation benefits under FECA but may not collect in a personal injury or wrongful death lawsuit against the United States or its employees. You and your family may file suit against potentially liable third parties. Before you depart, you may wish to consult with the department or agency sponsoring the flight to clarify whether you are considered a Federal employee.
2) If you are determined not to be a "Federal employee," you and your family will not be eligible to receive workers' compensation benefits under FECA. If you are traveling for business purposes, you may be eligible for workers' compensation benefits under state law. Only if the accident occurs within the United States, or its territories, its airspace, or over the high seas, you and your family may claim against the United States under the Federal Tort Claims Act or Suits in Admiralty Act. If you are killed aboard a military aircraft, your family may be eligible to receive compensation under the Military Claims Act, or if you are an inhabitant of a foreign country, under the Foreign Claims Act.