[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2476 Enrolled Bill (ENR)]

        H.R.2476

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
 the seventh day of January, one thousand nine hundred and ninety-seven


                                 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.

    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--
            ``(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.
        ``(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) Effective Date.--The amendments made by this section shall take 
effect on the 180th day following the date of the enactment of this 
Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.