American Association of Airport Executives &
Airports Council International - North America
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H.R. 2005

"Amendment to the "Death on the High Seas Act"



FILE h2005.ih
          HR 2005 IH
          105th CONGRESS
          1st Session
          To amend title 49, United States Code, to clarify the application 
          of the Act popularly known as the `Death on the High Seas Act' to
          aviation incidents.
                             IN THE HOUSE OF REPRESENTATIVES
                                      June 20, 1997
          Mr. MCDADE (for himself, Mr. HINCHEY, Mr. KING, Mr. BORSKI, Mr.
              GEKAS, Mr. HOLDEN, Mr. GREENWOOD, Mr. PETERSON of Pennsylvania,
              Mr. EHRLICH, Mr. KLINK, Mr. MANTON, Ms. FURSE, Mr. ROTHMAN, Mr.
              SHAYS, Mr. DELAHUNT, Mr. BILIRAKIS, Mr. ARCHER, Mr. ACKERMAN,
              Mr. MALONEY of Connecticut, Mr. FORD, Mr. CRAMER, Mr. ENGLISH 
              of Pennsylvania, Mr. KILDEE, Mr. DOYLE, Mr. KANJORSKI, Mr.
              FATTAH, Mr. MURTHA, Mrs. ROUKEMA, Mr. MOLLOHAN, Mr. MCHALE, Mr.
              GOODLING, Ms. DEGETTE, Mr. MASCARA, Mr. RIGGS, Mr. BLILEY, Mr.
              MILLER of Florida, Mr. FORBES, Ms. DELAURO, and Mr. HOYER)
              introduced the following bill; which was referred to the
              Committee on Transportation and Infrastructure
                                         A BILL
          To amend title 49, United States Code, to clarify the application 
          of the Act popularly known as the `Death on the High Seas Act' to
          aviation incidents.
              Be it enacted by the Senate and House of
          Representatives of the United States of America in Congress
          assembled, 
          SECTION 1. DEATH ON THE HIGH SEAS ACT.
            Section 40120(c) of title 49, United States Code, is amended to
          read as follows:
            `(c) ADDITIONAL REMEDIES- 
                `(1) IN GENERAL- Nothing in this part or the Act entitled `An
              Act relating to the maintenance of actions for death on the 
              high seas and other navigable waters' approved March 30, 1920
              (46 U.S.C. App. 761 et seq.), popularly known as the `Death on
              the High Seas Act', shall, with respect to any injury or death
              arising out of any covered aviation incident, affect any remedy--
                    `(A) under common law; or
                    `(B) under State law.
                `(2) ADDITIONAL REMEDIES- Any remedy provided for under this
              part or the Act referred to in paragraph (1) for an injury or
              death arising out of any covered aviation incident shall be in
              addition to any of the remedies described in subparagraphs (A)
              and (B) of paragraph (1).
                `(3) COVERED AVIATION INCIDENT DEFINED- In this subsection,
              the term `covered aviation incident' means an aviation disaster
              occurring on or after January 1, 1995.'.

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