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 foreign air carrier ac-
cidents
‘‘(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’ in-
cludes 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 pas-
sengers 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
carrier under subsection (b) shall include the following:
‘‘(1) TELEPHONE NUMBER.—A plan for pub-
licizing a reliable, toll-free telephone number and
staff to take calls to such number from families of
passengers involved in an aircraft accident that in-
volves 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 acci-
dent 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 pro-
vided by using the services of—
‘‘(A) the organization designated for the
accident under section 1136(a)(2); or
‘‘(B) other suitably trained individuals.
‘‘(3) NOTICE
PROVIDED
AS
SOON
AS
POS-
SIBLE.—An assurance that the notice required by
paragraph (2) shall be provided as soon as prac-
ticable 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 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 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 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) CONFORMING AMENDMENT.—The table of sec-
tions 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) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the 180th day following
the date of the enactment of this Act.
Passed the House of Representatives November 9,
1997.
Attest:
Clerk.