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.
PL 105-148 (H.R.2476), enacted 12/16/1997

PUBLIC LAW 105-148—DEC. 16, 1997 
111 STAT. 2681 
Public Law 105-148 
105th Congress 
An Act 
To amend title 49, United States Code, to require the National Transportation 
j . 
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Safety Board and individual foreign air carriers to address the needs of families 
——: 
of passengers involved in aircraft accidents involving foreign air carriers. 
[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: 
*
*
§ 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) shedl include the following: 
"(1) TELEPHONE NUMBER.—^A plan for publicizing a reliable, 
toll-free telephone number and staff to take calls to such num-
ber 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— 
Ill STAT. 2682 
PUBLIC LAW 105-148—DEC. 16, 1997 
"(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 ajfter 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 (regard-
less 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 organiza-
tion. 
"(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. 
^o-i&'fcf^ 
PUBLIC LAW 105-148—DEC. 16, 1997 
111 STAT. 2683 
"(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 descrip-
tion 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) EFFECTIVE DATE.—^The amendments made by this section 49 use 41313 
shall take effect on the 180th day following the date of the note. 
enactment of this Act. 
Approved December 16, 1997. 
LEGISLATIVE HISTORY—H.R. 2476: 
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.