[Congressional Record Volume 142, Number 67 (Tuesday, May 14, 1996)]
[House]
[Pages H5033-H5034]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               THE AVIATION SAFETY PROTECTION ACT OF 1996

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from South Carolina [Mr. Clyburn] is recognized for 5 
minutes.
  Mr. CLYBURN. Mr. Speaker, I regret the crash of ValuJet flight 592 
was the catalyst for renewed attention on airline safety. However, I 
hope that a productive dialog on the future safety of the aviation 
industry will result from this tragedy.
  For me, a similar tragedy brought home the need for greater air 
safety measures. July 4th weekend, 1994, a USAir flight that originated 
in my hometown, of Columbia, SC, crashed just outside of Charlotte, NC. 
Several of my constituents were among the victims. That single event 
heightened my awareness of aviation safety concerns and prompted me to 
begin a search for solutions.
  That search led me to the first step of what I believe is the long 
journey to restoring public confidence in air travel--the enactment of 
the Aviation Safety Protection Act of 1996 (H.R. 3187). I introduced 
this legislation on March 28 to provide whistle-blower protection for 
airline employees who supply information to the Federal Government 
relating to air safety.
  The intent of this legislation is to encourage airline employees to 
become actively involved in the safety of airline passengers and to 
feel free to come forward if they believe that safety is being 
jeopardized due to negligence or oversight. The same job protections 
afforded to most of the work force should be extended to the airline 
industry, especially since lives are at stake.
  Under the legislation, an employee who believes he or she has been 
fired or otherwise retaliated against for reporting air safety 
violations may file a complaint with the U.S. Secretary of Labor. If 
the employee's claim is found to be valid he or she would be entitled 
to reinstatement and compensatory damages.
  On the other hand, if the Secretary of Labor determines that the 
complaint has been filed frivolously, the offending employee will be 
required to pay up to $5,000 of the employer's legal fees.
  This is an issue of safety and fairness. The Aviation Safety 
Protection Act of 1996 will provide security for airline employees who 
may be afraid to report safety violations for fear of losing their jobs 
and the income they need to support their families.
  In addition, the Federal Aviation Administration has recently 
recognized the need to require the same safety

[[Page H5034]]

standards for commuter airlines as for major carriers. Commuter planes 
carry an estimated 60 million passengers annually. With the tremendous 
growth of commuter flights in recent years, we must do everything we 
can to ensure the safety of those passengers.
  Due to the growing competitiveness among airlines, the number of 
aircraft of all sizes that have entered the market is growing 
exponentially. At the same time, the limited FAA budget is already 
strapped. The Aviation Safety Protection Act would enable airline 
employees to aid the FAA in ensuring air travel remains safe without 
fear of reprisal.
  The checkered safety record of ValuJet Airlines is just now coming to 
light. One can only wonder if this tragedy could have been prevented if 
an employee had come forward earlier to report safety concerns.
  In light of this American tragedy, I urge Congress to expedite 
approval of the Aviation Safety Protection Act, so that we can begin to 
rebuild the public's confidence in our aviation industry.

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