Page:United States Statutes at Large Volume 111 Part 3.djvu/595

 ^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 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 49 USC 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.

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