[DOCID: f:publ148.105]
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Public Law 105-148
105th Congress
An Act
To amend title 49, United States Code, to require the National
Transportation Safety Board and individual foreign air carriers to
address the needs of families of passengers involved in aircraft
accidents involving foreign air carriers. <<NOTE: Dec. 16, 1997 - [H.R.
2476]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PLANS TO ADDRESS NEEDS OF FAMILIES OF PASSENGERS INVOLVED IN
FOREIGN AIR CARRIER ACCIDENTS.
(a) In General.--Chapter 413 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 41313. Plans to address needs of families of passengers involved
in foreign air carrier accidents
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Aircraft accident.--The term `aircraft accident' means
any aviation disaster, regardless of its cause or suspected
cause, that occurs within the United States; and
``(2) Passenger.--The term `passenger' includes an employee
of a foreign air carrier or air carrier aboard an aircraft.
``(b) Submission of Plans.--A foreign air carrier providing foreign
air transportation under this chapter shall transmit to the Secretary of
Transportation and the Chairman of the National Transportation Safety
Board a plan for addressing the needs of the families of passengers
involved in an aircraft accident that involves an aircraft under the
control of the foreign air carrier and results in a significant loss of
life.
``(c) Contents of Plans.--To the extent permitted by foreign law
which was in effect on the date of the enactment of this section, a plan
submitted by a foreign air carrier under subsection (b) shall include
the following:
``(1) Telephone number.--A plan for publicizing a reliable,
toll-free telephone number and staff to take calls to such
number from families of passengers involved in an aircraft
accident that involves an aircraft under the control of the
foreign air carrier and results in a significant loss of life.
``(2) Notification of families.--A process for notifying, in
person to the extent practicable, the families of passengers
involved in an aircraft accident that involves an aircraft under
the control of the foreign air carrier and results in a
significant loss of life before providing any public notice of
the names of such passengers. Such notice shall be provided by
using the services of--
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``(A) the organization designated for the accident
under section 1136(a)(2); or
``(B) other suitably trained individuals.
``(3) Notice provided as soon as possible.--An assurance
that the notice required by paragraph (2) shall be provided as
soon as practicable after the foreign air carrier has verified
the identity of a passenger on the foreign aircraft, whether or
not the names of all of the passengers have been verified.
``(4) List of passengers.--An assurance that the foreign air
carrier shall provide, immediately upon request, and update a
list (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), to--
``(A) the director of family support services
designated for the accident under section 1136(a)(1);
and
``(B) the organization designated for the accident
under section 1136(a)(2).
``(5) Consultation regarding disposition of remains and
effects.--An assurance that the family of each passenger will be
consulted about the disposition of any remains and personal
effects of the passenger that are within the control of the
foreign air carrier.
``(6) Return of possessions.--An assurance that, if
requested by the family of a passenger, any possession
(regardless of its condition) of that passenger that is within
the control of the foreign air carrier will be returned to the
family unless the possession is needed for the accident
investigation or a criminal investigation.
``(7) Unclaimed possessions retained.--An assurance that any
unclaimed possession of a passenger within the control of the
foreign air carrier will be retained by the foreign air carrier
for not less than 18 months after the date of the accident.
``(8) Monuments.--An assurance that the family of each
passenger will be consulted about construction by the foreign
air carrier of any monument to the passengers built in the
United States, including any inscription on the monument.
``(9) Equal treatment of passengers.--An assurance that the
treatment of the families of nonrevenue passengers will be the
same as the treatment of the families of revenue passengers.
``(10) Service and assistance to families of passen- gers.--
An assurance that the foreign air carrier will work with any
organization designated under section 1136(a)(2) on an ongoing
basis to ensure that families of passengers receive an
appropriate level of services and assistance following an
accident.
``(11) Compensation to service organizations.--An assurance
that the foreign air carrier will provide reasonable
compensation to any organization designated under section
1136(a)(2) for services and assistance provided by the
organization.
``(12) Travel and care expenses.--An assurance that the
foreign air carrier will assist the family of any 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.
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``(13) Resources for plan.--An assurance that the foreign
air carrier will commit sufficient resources to carry out the
plan.
``(14) Substitute measures.--If a foreign air carrier does
not wish to comply with paragraph (10), (11), or (12), a
description of proposed adequate substitute measures for the
requirements of each paragraph with which the foreign air
carrier does not wish to comply.
``(d) Permit and Exemption Requirement.--The Secretary shall not
approve an application for a permit under section 41302 unless the
applicant has included as part of the application or request for
exemption a plan that meets the requirements of subsection (c).
``(e) Limitation on Liability.--A foreign 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 foreign air carrier in preparing
or providing a passenger list pursuant to a plan submitted by the
foreign air carrier under subsection (c), unless the liability was
caused by conduct of the foreign air carrier which was grossly negligent
or which constituted intentional misconduct.''.
(b) Conforming Amendment.--The table of sections for such chapter is
amended by adding at the end the following:
``41313. Plans to address needs of families of passengers involved in
foreign air carrier accidents.''.
(c) <<NOTE: 49 USC 41313 note.>> Effective Date.--The amendments
made by this section shall take effect on the 180th day following the
date of the enactment of this Act.
Approved December 16, 1997.
LEGISLATIVE HISTORY--H.R. 2476:
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HOUSE REPORTS: No. 105-371 (Comm. on Transportation and Infrastructure).
CONGRESSIONAL RECORD, Vol. 143 (1997):
Nov. 9, considered and passed House.
Nov. 13, considered and passed Senate.
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