Union Calendar No. 215
105TH CONGRESS
1ST SESSION
H. R. 2476
[Report No. 105–371]
A BILL
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 air-
craft accidents involving foreign air carriers.
OCTOBER 30, 1997
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 215
105TH CONGRESS
1ST SESSION
H. R. 2476
[Report No. 105–371]
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
OCTOBER 31, 1997
Additional sponsors: Mr. DELLUMS, Mr. DEFAZIO, Mr. OBERSTAR, Mr.
FILNER, Mr. EVANS, Mr. THOMPSON, Mr. MCNULTY, Mr. KENNEDY of
Massachusetts, Mr. GUTIERREZ, Ms. KILPATRICK, Mr. HOLDEN, Mr.
TRAFICANT, 
Mr. 
FROST, 
Ms. 
WOOLSEY, 
Mr. 
CLEMENT, 
Mr.
FALEOMAVAEGA, Mr. MCGOVERN, Mr. STARK, Mr. SHAYS, Mr. DINGELL,
Mr. FOX of Pennsylvania, Ms. BROWN of Florida, Mr. KENNEDY of
Rhode Island, and Mr. COSTELLO
OCTOBER 31, 1997
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on September 15, 1997]
A BILL
To amend title 49, United States Code, to require the
National 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 following:
‘‘§ 41313. Plans to address needs of families of pas-
sengers involved in foreign air carrier ac-
cidents
‘‘(a) DEFINITIONS.—In this section, the following defi-
nitions 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 enact-
ment of this section, a plan submitted by a foreign air car-
rier under subsection (b) shall include the following:
‘‘(1) TELEPHONE NUMBER.—A plan for publiciz-
ing 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 air-
craft 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 fam-
ilies of passengers involved in an aircraft accident
that involves an aircraft under the control of the for-
eign 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—
‘‘(A) the organization designated for the ac-
cident 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 pas-
senger 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 ac-
cident under section 1136(a)(2).
‘‘(5) CONSULTATION REGARDING DISPOSITION OF
REMAINS AND EFFECTS.—An assurance that the fam-
ily of each passenger will be consulted about the dis-
position 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 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 fam-
ily of each passenger will be consulted about construc-
tion 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 non-
revenue passengers will be the same as the treatment
of the families of revenue passengers.
‘‘(10) SERVICE AND ASSISTANCE TO FAMILIES OF
PASSENGERS.—An assurance that the foreign air car-
rier 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 ac-
cident.
‘‘(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 assur-
ance that the foreign air carrier will assist the family
of any passenger in traveling to the location of the ac-
cident and provide for the physical care of the family
while the family is staying at such location.
‘‘(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 adequate
substitute measures for the requirements of each para-
graph 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