[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1196 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1196

    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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 18, 1997

   Mr. McCain (for himself, Mr. Gorton, Mr. Hollings, and Mr. Ford) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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 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. SHORT TITLE.

    This Act may be cited as the ``Foreign Air Carrier Family Support 
Act''.

SEC. 2. 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 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 aircraft.
    ``(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 
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 enacted on or before 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, immediately upon request, 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 
        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 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 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 paragraphs (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, or provide an 
exemption from the requirement for a permit, 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) Effective Date.--Subsection (a) shall take effect 6 months 
after the date of the enactment of this Act.
    (c) Conforming Amendment.--The table of sections 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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