
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 403(a)-(c)(1)]
[Document affected by Public Law 106-181 Section 403(c)(2)]
[CITE: 49USC41313]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                     subpart ii--economic regulation
 
                 CHAPTER 413--FOREIGN AIR TRANSPORTATION
 
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 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 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.

(Added Pub. L. 105-148, Sec. 1(a), Dec. 16, 1997, 111 Stat. 2681.)

                       References in Text

    The date of the enactment of this section, referred to in subsec. 
(c), is the date of enactment of Pub. L. 105-148, which was approved 
Dec. 16, 1997.


                             Effective Date

    Pub. L. 105-148, Sec. 1(c), Dec. 16, 1997, 111 Stat. 2683, provided 
that: ``The amendments made by this section [enacting this section] 
shall take effect on the 180th day following the date of the enactment 
of this Act [Dec. 16, 1997].''
