49 U.S.C. § 41313 — Plans to address needs of families of passengers involved in foreign air carrier accidents
submitted 29 years ago by Pub. L. 105-148 to r/title-49-TRANSPORTATION · 1,291 words · no verdicts yet
Foreign air carriers must submit a plan to the Secretary of Transportation and NTSB for helping families after a plane crash that kills someone. The plan must cover things like a toll-free number, notifying families before releasing passenger names, and returning belongings. The Secretary cannot approve a carrier's permit unless it has filed this plan.
(a) Definitions. (1) "Aircraft accident" means any aviation disaster that happens within the United States, no matter its cause. (2) "Passenger" has the meaning given in section 1136.
(b) Submitting a plan. A foreign air carrier providing foreign air transportation must send the Secretary of Transportation and the Chairman of the National Transportation Safety Board a plan for meeting the needs of families of passengers involved in an accident on that carrier's aircraft that causes a loss of life.
(c) What the plan must include. To the extent foreign law in effect when this section was enacted allows, the plan must include:
(1) a plan to publicize a reliable toll-free phone number, staffed to take calls from families after such an accident;
(2) a process for notifying families in person, where practical, before publicly naming any passenger — using the organization designated under section 1136(a)(2) or other trained staff;
(3) an assurance that this notice happens as soon as practical after the carrier verifies a passenger's identity, even if not everyone has been verified yet;
(4) an assurance that the carrier will immediately provide and keep updating a list of passengers aboard (verified or not) 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) an assurance that each passenger's family will be consulted about what happens to that passenger's remains and personal effects under the carrier's control;
(6) an assurance that, if a family asks, any of the passenger's belongings under the carrier's control will be returned, unless needed for the accident or a criminal investigation;
(7) an assurance that any unclaimed belongings will be kept by the carrier for at least 18 months after the accident;
(8) an assurance that families will be consulted about any monument the carrier builds in the U.S. for the passengers, including its wording;
(9) an assurance that nonrevenue passengers' families (and other victims, including on the ground) are treated the same as revenue passengers' families;
(10) an assurance that the carrier will keep working with the section 1136(a)(2) organization to give families ongoing services and assistance;
(11) an assurance that the carrier will reasonably pay that organization for its services;
(12) an assurance that the carrier will help families travel to the accident site and cover their living costs while there;
(13) an assurance that the carrier will commit enough resources to carry out the plan;
(14) if the carrier does not want to follow paragraph (10), (11), or (12), a description of adequate substitute steps for each one it skips;
(15) an assurance that the carrier will properly train its staff and agents to meet survivors' and families' needs after an accident;
(16) an assurance that if the carrier volunteers help to U.S. citizens in the U.S. after an accident abroad, it will consult with the NTSB and the State Department on that help;
(17) notice about liability for damaged property: (A) an assurance that after an accident that damages a non-government-owned structure or property, the carrier will promptly give the owner written notice about liability and how to seek compensation; (B) that notice must, at minimum, tell the owner (i) to contact their property insurer for coverage information, (ii) not to rely on unofficial carrier statements about compensation, and (iii) to gather photos or other evidence of the damage as soon as possible, within any access limits at the site; and
(18) an assurance that if the NTSB holds a public hearing more than 80 miles from the accident site, the carrier will make that hearing available electronically, at the same time, in a public place at the flight's origin city and destination city if that city is located in the United States.
(d) Condition for a permit. The Secretary may not approve a permit application under section 41302 unless the applicant included, with the application or exemption request, a plan meeting subsection (c)'s requirements.
(e) Limited liability. A foreign air carrier is not liable in any federal or state lawsuit over how it prepared or provided a passenger list under its subsection (c) plan, unless it acted with gross negligence or intentional misconduct.
In this section, the following definitions apply:
The term “aircraft accident” means any aviation disaster, regardless of its cause or suspected cause, that occurs within the United States; and
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 any loss of life.
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:
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 any loss of life.
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 any loss of life before providing any public notice of the names of such passengers. Such notice shall be provided by using the services of—
the organization designated for the accident under section 1136(a)(2); or
other suitably trained individuals.
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.
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—
the director of family support services designated for the accident under section 1136(a)(1); and
the organization designated for the accident under section 1136(a)(2).
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.
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.
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.
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.
An assurance that the treatment of the families of nonrevenue passengers (and any other victim of the accident, including any victim on the ground) will be the same as the treatment of the families of revenue 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.
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.
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.
An assurance that the foreign air carrier will commit sufficient resources to carry out the plan.
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.
An assurance that the foreign air carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors and family members following an accident.
An assurance that, in the event that the foreign air carrier volunteers assistance to United States citizens within the United States with respect to an aircraft accident outside the United States involving any loss of life, the foreign air carrier shall consult with the Board and the Department of State on the provision of the assistance.
An assurance that, in the case of an accident that results in any damage to a manmade structure or other property on the ground that is not government-owned, the foreign air carrier will promptly provide notice, in writing, to the extent practicable, directly to the owner of the structure or other property about liability for any property damage and means for obtaining compensation.
At a minimum, the written notice shall advise an owner (i) to contact the insurer of the property as the authoritative source for information about coverage and compensation; (ii) to not rely on unofficial information offered by foreign air carrier representatives about compensation by the foreign air carrier for accident-site property damage; and (iii) to obtain photographic or other detailed evidence of property damage as soon as possible after the accident, consistent with restrictions on access to the accident site.
An assurance that, in the case of an accident in which the National Transportation Safety Board conducts a public hearing or comparable proceeding at a location greater than 80 miles from the accident site, the foreign air carrier will ensure that the proceeding is made available simultaneously by electronic means at a location open to the public at both the origin city and destination city of the foreign air carrier’s flight if that city is located in the United States.
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).
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.
Source credit: (Added Pub. L. 105–148, § 1(a), Dec. 16, 1997, 111 Stat. 2681; amended Pub. L. 106–181, title IV, § 403(a)–(c)(1), Apr. 5, 2000, 114 Stat. 130; Pub. L. 108–176, title VIII, § 809(b), Dec. 12, 2003, 117 Stat. 2589; Pub. L. 115–254, div. B, title V, § 539(d), div. C, § 1109(b), Oct. 5, 2018, 132 Stat. 3370, 3434; Pub. L. 118–63, title XI, § 1101(i), May 16, 2024, 138 Stat. 1413.)
- 1997Enacted · Pub. L. 105-148 · 111 Stat. 2681
- 2000Amended · Pub. L. 106-181 · 114 Stat. 130
- 2003Amended · Pub. L. 108-176 · 117 Stat. 2589
- 2018Amended · Pub. L. 115-254 · 132 Stat. 3370, 3434
- 2024Amended · Pub. L. 118-63 · 138 Stat. 1413
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-148 on 1997-12-16.
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