I
105TH CONGRESS
1ST SESSION
H. R. 2476
To amend title 49, United States Code, to require the National Transpor-
tation Safety Board and individual foreign air carriers to address the
needs of families of passengers involved in aircraft accidents involving
foreign air carriers.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 15, 1997
Mr. UNDERWOOD (for himself, Mr. DUNCAN, and Mr. LIPINSKI) introduced
the following bill; which was referred to the Committee on Transportation
and Infrastructure
A BILL
To amend title 49, United States Code, to require the Na-
tional Transportation Safety Board and individual for-
eign air carriers to address the needs of families of
passengers involved in aircraft accidents involving foreign
air carriers.
Be it enacted by the Senate and House of Representa-
tives 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 follow-
ing:
‘‘§ 41313. Plans to address needs of families of pas-
sengers involved in aircraft accidents
‘‘(a) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘aircraft accident’ means any
aviation disaster, regardless of its cause or suspected
cause, that occurs within the United States; and
‘‘(2) the term ‘passenger’ includes an employee
of a foreign air carrier or air carrier aboard an air-
craft.
‘‘(b) SUBMISSION OF PLANS.—A foreign air carrier
providing foreign air transportation under this chapter, or
under an exemption from the requirements of this chapter,
shall transmit to the Secretary and the Chairman of the
National Transportation Safety Board a plan for address-
ing the needs of the families of passengers involved in an
aircraft accident that involves an aircraft under the con-
trol 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 enacted on or before the date
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, immediately upon re-
quest, provide 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 for-
eign 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 pas-
senger that is within the control of the foreign air
carrier will be returned to the family unless the pos-
session is needed for the accident investigation or a
criminal investigation.
‘‘(7) UNCLAIMED POSSESSIONS RETAINED.—An
assurance that any unclaimed possession of a pas-
senger 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 con-
struction by the foreign air carrier of any monument
to the passengers built in the United States, includ-
ing any inscription on the monument.
‘‘(9) EQUAL TREATMENT OF PASSENGERS.—An
assurance that the treatment of the families of non-
revenue passengers will be the same as the treat-
ment of the families of revenue passengers.
‘‘(10) SERVICE AND ASSISTANCE TO FAMILIES
OF PASSENGERS.—An assurance that the foreign air
carrier will work with any organization designated
under section 1136(a)(2) on an ongoing basis to en-
sure that families of passengers receive an appro-
priate level of services and assistance following an
accident.
‘‘(11) COMPENSATION TO SERVICE ORGANIZA-
TIONS.—An assurance that the foreign air carrier
will provide reasonable compensation to any organi-
zation designated under section 1136(a)(2) for serv-
ices and assistance provided by the organization.
‘‘(12) TRAVEL AND CARE EXPENSES.—An as-
surance 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 loca-
tion.
‘‘(13) RESOURCES
FOR
PLAN.—An assurance
that the foreign air carrier will commit sufficient re-
sources to carry out the plan.
‘‘(14) SUBSTITUTE
MEASURES.—If a foreign
are carrier does not wish to comply with paragraphs
(10), (11), or (12), a description of proposed ade-
quate 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, or provide an exemption from the
requirement for a permit, unless the applicant has in-
cluded 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 car-
rier 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 pas-
senger 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 mis-
conduct.’’.
(b) EFFECTIVE DATE.—Subsection (a) shall take ef-
fect 6 months after the date of the enactment of this Act.
(c) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 413 is amended by adding at the end
the following:
‘‘41313. Plans to address needs of families of passengers involved in foreign air
carrier accidents.’’.
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