[Congressional Record Volume 142, Number 129 (Wednesday, September 18, 1996)]
[House]
[Pages H10534-H10540]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            AVIATION DISASTER FAMILY ASSISTANCE ACT OF 1996

  Mr. SHUSTER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3923) to amend title 49, United States Code, to require the 
National Transportation Safety Board and individual air carriers to 
take actions to address the needs of families of passengers involved in 
aircraft accidents, as amended.
  The Clerk read as follows:

                               H.R. 3923

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Aviation Disaster Family 
     Assistance Act of 1996''.

     SEC. 2. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO 
                   FAMILIES OF PASSENGERS INVOLVED IN AIRCRAFT 
                   ACCIDENTS.

       (a) Authority To Provide Assistance.--
       (1) In general.--Subchapter III of chapter 11 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 1136. Assistance to families of passengers involved in 
       aircraft accidents

       ``(a) In General.--As soon as practicable after being 
     notified of an aircraft accident within the United States 
     involving an air carrier or foreign air carrier and resulting 
     in a major loss of life, the Chairman of the National 
     Transportation Safety Board shall--
       ``(1) designate and publicize the name and phone number of 
     a director of family support services who shall be an 
     employee of the Board and shall be responsible for acting as 
     a point of contact within the Federal Government for the 
     families of passengers involved in the accident and a liaison 
     between the air carrier or foreign air carrier and the 
     families; and
       ``(2) designate an independent nonprofit organization, with 
     experience in disasters and posttrauma communication with 
     families, which shall have primary responsibility for 
     coordinating the emotional care and support of the families 
     of passengers involved in the accident.
       ``(b) Responsibilities of the Board.--The Board shall have 
     primary Federal responsibility for facilitating the recovery 
     and identification of fatally-injured passengers involved in 
     an accident described in subsection (a).
       ``(c) Responsibilities of Designated Organization.--The 
     organization designated for an accident under subsection 
     (a)(2) shall have the following responsibilities with respect 
     to the families of passengers involved in the accident:
       ``(1) To provide mental health and counseling services, in 
     coordination with the disaster response team of the air 
     carrier or foreign air carrier involved.
       ``(2) To take such actions as may be necessary to provide 
     an environment in which the families may grieve in private.
       ``(3) To meet with the families who have traveled to the 
     location of the accident, to contact the families unable to 
     travel to such location, and to contact all affected families 
     periodically thereafter until such time as the organization, 
     in consultation with the director of family support services 
     designated for the accident under subsection (a)(1), 
     determines that further assistance is no longer needed.
       ``(4) To communicate with the families as to the roles of 
     the organization, government agencies, and the air carrier or 
     foreign air carrier involved with respect to the accident and 
     the post-accident activities.
       ``(5) To arrange a suitable memorial service, in 
     consultation with the families.
       ``(d) Passenger Lists.--
       ``(1) Requests for passenger lists.--
       ``(A) Requests by director of family support services.--It 
     shall be the responsibility of the director of family support 
     services designated for an accident under subsection (a)(1) 
     to request, as soon as practicable, from the air carrier or 
     foreign air carrier involved in the accident a list, which is 
     based on the best available information at the time of the 
     request, of the names of the passengers that were aboard the 
     aircraft involved in the accident.
       ``(B) Requests by designated organization.--The 
     organization designated for an accident under subsection 
     (a)(2) may request from the air carrier or foreign air 
     carrier involved in the accident a list described in 
     subparagraph (A).

[[Page H10535]]

       ``(2) Use of information.--The director of family support 
     services and the organization may not release to any person 
     information on a list obtained under paragraph (1) but may 
     provide information on the list about a passenger to the 
     family of the passenger to the extent that the director of 
     family support services or the organization considers 
     appropriate.
       ``(e) Continuing Responsibilities of the Board.--In the 
     course of its investigation of an accident described in 
     subsection (a), the Board shall, to the maximum extent 
     practicable, ensure that the families of passengers involved 
     in the accident--
       ``(1) are briefed, prior to any public briefing, about the 
     accident, its causes, and any other findings from the 
     investigation; and
       ``(2) are individually informed of and allowed to attend 
     any public hearings and meetings of the Board about the 
     accident.
       ``(f) Use of Air Carrier Resources.--To the extent 
     practicable, the organization designated for an accident 
     under subsection (a)(2) shall coordinate its activities with 
     the air carrier or foreign air carrier involved in the 
     accident so that the resources of the carrier can be used to 
     the greatest extent possible to carry out the organization's 
     responsibilities under this section.
       ``(g) Prohibited Actions.--
       ``(1) Actions to impede the board.--No person (including a 
     State or political subdivision) may impede the ability of the 
     Board (including the director of family support services 
     designated for an accident under subsection (a)(1)), or an 
     organization designated for an accident under subsection 
     (a)(2), to carry out its responsibilities under this section 
     or the ability of the families of passengers involved in the 
     accident to have contact with one another.
       ``(2) Unsolicited communications.--In the event of an 
     accident involving an air carrier providing interstate or 
     foreign air transportation, no unsolicited communication 
     concerning a potential action for personal injury or wrongful 
     death may be made by an attorney, representative of an 
     attorney, insurance company, or air carrier litigation 
     representative to an individual injured in the accident, or 
     to a relative of an individual involved in the accident, 
     before the 30th day following the date of the accident.
       ``(h) 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.
       ``(2) Passenger.--The term `passenger' includes an employee 
     of an air carrier aboard an aircraft.''.
       (2) Conforming amendment.--The table of sections for 
     chapter 11 of such title is amended by inserting after the 
     item relating to section 1135 the following:

``1136. Assistance to families of passengers involved in aircraft 
              accidents.''.

       (b) Penalties.--Section 1155(a)(1) of such title is 
     amended--
       (1) by striking ``or 1134(b) or (f)(1)'' and inserting ``, 
     section 1134(b), section 1134(f)(1), or section 1136(g)''; 
     and
       (2) by striking ``either of'' and inserting ``any of''.

     SEC. 3. AIR CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF 
                   PASSENGERS INVOLVED IN AIRCRAFT ACCIDENTS.

       (a) In General.--Chapter 411 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 41113. Plans to address needs of families of 
       passengers involved in aircraft accidents

       ``(a) Submission of Plans.--Not later than 6 months after 
     the date of the enactment of this section, each air carrier 
     holding a certificate of public convenience and necessity 
     under section 41102 of this title shall submit to the 
     Secretary and the Chairman of the National Transportation 
     Safety Board a plan for addressing the needs of the families 
     of passengers involved in any aircraft accident involving an 
     aircraft of the air carrier and resulting in a major loss of 
     life.
       ``(b) Contents of Plans.--A plan to be submitted by an air 
     carrier under subsection (a) shall include, at a minimum, the 
     following:
       ``(1) A plan for publicizing a reliable, toll-free 
     telephone number, and for providing staff, to handle calls 
     from the families of the passengers.
       ``(2) A process for notifying the families of the 
     passengers, before providing any public notice of the names 
     of the passengers, either by utilizing the services of the 
     organization designated for the accident under section 
     1136(a)(2) of this title or the services of other suitably 
     trained individuals.
       ``(3) An assurance that the notice described in paragraph 
     (2) will be provided to the family of a passenger as soon as 
     the air carrier has verified that the passenger was aboard 
     the aircraft (whether or not the names of all of the 
     passengers have been verified) and, to the extent 
     practicable, in person.
       ``(4) An assurance that the air carrier will provide to the 
     director of family support services designated for the 
     accident under section 1136(a)(1) of this title, and to the 
     organization designated for the accident under section 
     1136(a)(2) of this title, immediately upon request, a list 
     (which is 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), and 
     will periodically update the list.
       ``(5) An assurance that the family of each passenger will 
     be consulted about the disposition of all remains and 
     personal effects of the passenger.
       ``(6) An assurance that if requested by the family of a 
     passenger, any possession of the passenger within the control 
     of the air carrier (regardless of its condition) will be 
     returned to the family unless the possession is needed for 
     the accident investigation or any criminal investigation.
       ``(7) An assurance that any unclaimed possession of a 
     passenger within the control of the air carrier will be 
     retained by the air carrier for at least 18 months.
       ``(8) An assurance that the family of each passenger will 
     be consulted about construction by the air carrier of any 
     monument to the passengers, including any inscription on the 
     monument.
       ``(9) An assurance that the treatment of the families of 
     nonrevenue passengers (and any other victim of the accident) 
     will be the same as the treatment of the families of revenue 
     passengers.
       ``(10) An assurance that the air carrier will work with any 
     organization designated under section 1136(a)(2) of this 
     title on an ongoing basis to ensure that families of 
     passengers receive an appropriate level of services and 
     assistance following each accident.
       ``(11) An assurance that the air carrier will provide 
     reasonable compensation to any organization designated under 
     section 1136(a)(2) of this title for services provided by the 
     organization.
       ``(12) An assurance that the air carrier will assist the 
     family of a 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) An assurance that the air carrier will commit 
     sufficient resources to carry out the plan.
       ``(c) Certificate Requirement.--After the date that is 6 
     months after the date of the enactment of this section, the 
     Secretary may not approve an application for a certificate of 
     public convenience and necessity under section 41102 of this 
     title unless the applicant has included as part of such 
     application a plan that meets the requirements of subsection 
     (b).
       ``(d) Limitation on Liability.--An 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 air carrier 
     in preparing or providing a passenger list pursuant to a plan 
     submitted by the air carrier under subsection (b), unless 
     such liability was caused by conduct of the air carrier which 
     was grossly negligent or which constituted intentional 
     misconduct.
       ``(e) Aircraft Accident and Passenger Defined.--In this 
     section, the terms `aircraft accident' and `passenger' have 
     the meanings such terms have in section 1136 of this 
     title.''.
       (b) Conforming Amendment.--The table of sections for such 
     chapter is amended by adding at the end the following:

``41113. Plans to address needs of families of passengers involved in 
              aircraft accidents.''.

     SEC. 4. ESTABLISHMENT OF TASK FORCE.

       (a) Establishment.--The Secretary of Transportation, in 
     cooperation with the National Transportation Safety Board, 
     the Federal Emergency Management Agency, the American Red 
     Cross, air carriers, and families which have been involved in 
     aircraft accidents shall establish a task force consisting of 
     representatives of such entities and families, 
     representatives of air carrier employees, and representatives 
     of such other entities as the Secretary considers 
     appropriate.
       (b) Model Plan and Recommendations.--The task force 
     established pursuant to subsection (a) shall develop--
       (1) a model plan to assist air carriers in responding to 
     aircraft accidents;
       (2) recommendations on methods to ensure that attorneys and 
     representatives of media organizations do not intrude on the 
     privacy of families of passengers involved in an aircraft 
     accident;
       (3) recommendations on methods to ensure that the families 
     of passengers involved in an aircraft accident who are not 
     citizens of the United States receive appropriate assistance;
       (4) recommendations on methods to ensure that State mental 
     health licensing laws do not act to prevent out-of-state 
     mental health workers from working at the site of an aircraft 
     accident or other related sites;
       (5) recommendations on the extent to which military experts 
     and facilities can be used to aid in the identification of 
     the remains of passengers involved in an aircraft accident; 
     and
       (6) recommendations on methods to improve the timeliness of 
     the notification provided by air carriers to the families of 
     passengers involved in an aircraft accident, including--
       (A) an analysis of the steps that air carriers would have 
     to take to ensure that an accurate list of passengers on 
     board the aircraft would be available within 1 hour of the 
     accident and an analysis of such steps to ensure that such 
     list would be available within 3 hours of the accident;
       (B) an analysis of the added costs to air carriers and 
     travel agents that would result if air carriers were required 
     to take the steps described in subparagraph (A); and
       (C) an analysis of any inconvenience to passengers, 
     including flight delays, that would result if air carriers 
     were required to take the steps described in subparagraph 
     (A).
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the

[[Page H10536]]

     Secretary shall transmit to Congress a report containing the 
     model plan and recommendations developed by the task force 
     under subsection (b).

     SEC. 5. LIMITATION ON STATUTORY CONSTRUCTION.

       Nothing in this Act or any amendment made by this Act may 
     be construed as limiting the actions that an air carrier may 
     take, or the obligations that an air carrier may have, in 
     providing assistance to the families of passengers involved 
     in an aircraft accident.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania [Mr. Shuster] and the gentleman from Illinois [Mr. 
Lipinski] each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania [Mr. Shuster].
  Mr. SHUSTER. Mr. Speaker, I yield myself such time as I might 
consume.
  Mr. Speaker, I strongly support this legislation. I made a promise to 
the families of the victims of aviation disasters when they were before 
our committee in June that I would bring forward such legislation, and 
today we are fulfilling that promise.
  Airline travel is remarkably safe. Indeed, since commercial aviation 
began over 80 years ago, less than 13,000 people have been killed in 
airplane crashes. That many die every 4 months on our Nation's 
highways.
  However, when accidents do occur, it is important that the families 
of the victims be treated with the utmost sensitivity and compassion. 
The airlines usually do the best they can.
  However, when we held a hearing on June 19, we heard some real horror 
stories from the families, including such things as impersonal 
notification, such as leaving messages about the death of a loved one 
on an answering machine, mass burials of unidentified body parts 
without informing the families, discarding the belongings of the 
victims without notifying the families, harassment by lawyers looking 
for clients and journalists looking for stories, and painful delays in 
notification of the death of a loved one. Sometimes the airline would 
refuse to tell them anything for hours and hours.
  As that June 19 hearing I promised the families that we would move 
legislation to deal with these problems, and today we bring this bill 
to the floor to keep that commitment. The purpose of this bill is to 
address many of the complaints we heard and clarify the role of the 
Government and the Red Cross in helping the families of future airline 
disasters.
  Key features of this bill include: It establishes a position within 
the NTSB to act as a liaison between the Government and the families 
and between the airline and the families.
  It directs the NTSB to designate an independent organization, such as 
the Red Cross, to take primary responsibility for the care and support 
of the families.
  It imposes a $1,000 fine on anyone impeding the work of the NTSB or 
the Red Cross.
  It requires airlines to return passengers' possessions to the 
families, if they request it, and retain all unclaimed articles for 18 
months.
  It establishes a task force involving the Department of 
Transportation, NTSB, FEMA, the Red Cross, family representatives, and 
the airlines to develop a model family assistance plan, and to 
recommend ways to speed up the next-of-kin notification process and get 
the military resources more involved in the identification of passenger 
remains.
  It requires a rule prohibiting lawyers from contacting families 
within 30 days of an accident, similar to the rule that now applies to 
the members of the Florida bar.
  It makes clear that airlines can go beyond the minimum requirements 
in this act and do more than is required to help the families as many 
airlines say they do now.
  It is important to emphasize that the responsibility for notifying 
families in the death of a loved one remains with the airline. They are 
the only ones in a position to verify the accuracy of the passenger 
manifest. However, the bill gives families another option if the 
airline is slow in providing notification. They could now go to the 
NTSB or the Red Cross for information. The airline will have to turn 
over its best available passenter list to the NTSB or the Red Cross 
immediately upon request. The NTSB or the Red Cross could then tell the 
family whether or not their loved one was on the list and explain the 
limitations on the accuracy of the list.
  At our hearing 2 weeks ago the families enthusiastically supported 
this bill, and the airline witnesses testified that they could live 
with it.
  This legislation will help to minimize the suffering of those who 
lose loved ones in airline tragedies, and I certainly want to thank the 
gentleman from Tennessee [Mr. Duncan], the gentleman from Minnesota 
[Mr. Oberstar], the gentleman from Illinois [Mr. Lipinski], and others: 
The gentleman from Illinois [Mr. LaHood] and the gentlewoman from 
Missouri [Ms. Danner] for their help in crafting this legislation.
  I also want to thank the following family representatives who played 
important and very constructive roles in the formulation of this 
legislation:
  Doug Smith, president of the National Air Disaster Alliance, Victoria 
Cummock of the Pam Am 103 Families, Richard Kessler, who lost his wife 
in the ValuJet crash, and Cynthia Cox from Montoursville, PA, who lost 
her daughter in the TWA tragedy.
  I would urge strong support for this legislation.
  Mr. LIPINSKI. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 2923, the Aviation Disaster 
Family Assistance Act of 1996. I am pleased to be a cosponsor of this 
important legislation.
  As a result of hearings the Subcommittee on Aviation held on the 
treatment of families after aviation accidents, it was generally 
recognized that there are improvements that must be made to ensure that 
families' interests are better addressed. The legislation introduced by 
Chairman Shuster takes significant steps in that direction by requiring 
the National Transportation Safety Board to designate a director of 
family support services as well as designating an independent 
organization, such as the Red Cross, to provide critical support to the 
families.
  As this bill has moved through the Transportation and Infrastructure 
Committee, I have consistently expressed my concern with the burden we 
are placing on the NTSB's already thin resources. This is something we 
must keep a close eye on as we consider NTSB funding in the future.
  I have also expressed concern with the notification aspects of this 
bill. I have advocated notifying families in person, and am pleased 
that the legislation encourages in person notification to the extent 
practicable. But I also understand that in many cases, families are 
learning of accidents on television, and that in person notification 
can never be accomplished with the speed that the media reports a plane 
crash. While I am pleased with the steps that this measure takes toward 
improving the notification system, I will continue to explore ideas to 
enhance the system.
  There is no perfect way to handle aviation disasters. Our task is to 
make the process both efficient and compassionate. This bill is a big 
step toward both those goals.
  Mr. Speaker, I want to commend Chairman Duncan for his leadership on 
this legislation and for the manner in which he has handled the 
subcommittee the entire 104th Congress. Since I became ranking member 
of the Aviation Subcommittee last October, I have been impressed with 
your commitment to this position and the manner in which you have 
treated me and the other members of the subcommittee.
  I also want to recognize Chairman Shuster, the sponsor of this 
legislation, and of course the distinguished gentleman from Minnesota, 
the ranking member of the full Committee on Transportation and 
Infrastructure, Mr. Oberstar.
  Mr. Speaker, I urge support for this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SHUSTER. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Tennessee [Mr. duncan], the distinguished chairman of 
the subcommittee.
  Mr. DUNCAN. Mr. Speaker, I thank the gentleman for yielding this time 
to me, and, Mr. Speaker, I rise in strong support of H.R. 3923, the 
Aviation Disaster Family Assistance Act.
  Let me first congratulate the chairman of the Committee on 
Transportation and Infrastructure, the gentleman from Pennsylvania [Mr. 
Shuster], for his strong leadership on this

[[Page H10537]]

very important issue, and let me say not just on this issue, but I 
think that Chairman Shuster has led our committee through two of the 
most active years in the history of that committee and probably in the 
history of all of the committees in the Congress. He has been a really 
outstanding chairman, and I think the people need to know that.
  The Subcommittee on Aviation, which I have the privilege of chairing, 
held a hearing on this matter on June 19 concerning the treatment of 
families of passengers killed in airline accidents. We held a second 
hearing 2 weeks ago, and from those hearings I think we have developed 
some outstanding legislation. Certainly interest in this issue has been 
heightened by the TWA 800 tragedy, the ValuJet crash, and certain other 
terrible accidents that have happened.
  From our hearing in June we worked to develop H.R. 3923, and we did 
it, I am proud to say, on a bipartisan basis with strong support from 
our friends, the ranking members of the full committee and the 
subcommittee, the gentleman from Minnesota [Mr. Oberstar] and the 
gentleman from Illinois [Mr. Lipinski]. And let me say that I really 
deeply appreciate those kind words from Mr. Lipinski, and I think that 
I certainly can echo those words back to him because I do not think any 
subcommittee in the Congress has a chairman and ranking member who have 
a closer relationship than he and I do, and we have worked so well 
together, along with the leadership provided by Mr. Oberstar, who has 
developed such an expertise in the field of aviation and who has done 
so much in this area.
  In our hearings on this legislation we heard some very terrible and 
troubling stories, such as mass burials of unidentified body parts 
without informing family members, something that was very hurtful to 
these families; the throwing away of personal belongings of victims 
without notifying the families; constant harassment by lawyers and the 
media; and leaving messages about the death of a family member on an 
answering machine. Several recommendations to correct those problems 
were brought to our attention by witnesses at the subcommittee's 
hearing in June and also again a couple of weeks ago.
  H.R. 3923 would establish a reliable 1-800 telephone number assigned 
exclusively to handle accident-related calls from family members.
  It establishes a director of family support services position within 
the National Transportation Safety Board. It provides the NTSB with the 
authority to designate a third party, such as the American Red Cross, 
the Salvation Army, or some other outstanding organization, to be 
responsible for post-trauma communication and work with families.
  The bill requires that personal items be returned to family members 
and to any survivors of an accident.
  Under the bill, each airline is required to submit its family 
assistance plan to the Department of Transportation and to the National 
Transportation Safety Board for approval.
  Finally, among many other provisions, H.R. 3923 would prohibit 
unsolicited contact of the families by lawyers, both plaintiff lawyers 
and insurance company lawyers, for 30 days. And I am proud to say that 
I think the bar has adopted a very responsible position in regard to 
this, and we have a very strong letter of endorsement for this 
provision from the Association of Trial Lawyers of America which I will 
include for the Record.

  Finally, Mr. Speaker, H.R. 3923 will help improve the tremendous 
coordination that must take place at the accident site. It will help 
improve communication between the family members and those assisting 
family members.
  I urge my colleagues to support H.R. 3923 so that we can get this 
legislation over to the Senate and to the President before the 104th 
Congress adjourns. I think this is outstanding legislation that can be 
proudly supported by all Members of this body.
  The letter referred to follows:


                      Association of Trial Lawyers of America,

                               Washington, DC, September 10, 1996.
     Hon. Bud Shuster,
     Rayburn House Office Building,
     Washington, DC.
       Dear Representative Shuster: As President of the 
     Association of Trial Lawyers of America, I wish to commend 
     you on your consideration of H.R. 3923, which the Aviation 
     Subcommittee will mark-up on Wednesday, September 11, and the 
     full Transportation Committee will mark-up on Thursday, 
     September 12. This legislation will lend much-needed support 
     to the families of victims of airline disasters.
       In particular, the Association strongly supports sec. 5. 
     This provision states the sense of Congress that state bar 
     associations should adopt rules prohibiting unsolicited 
     contact concerning a legal action with victims or aggrieved 
     families within 30 days of an accident. ATLA's longstanding 
     Code of Contact goes even further, and entirely prohibits 
     unsolicited contact, regardless of when the accident 
     occurred. We believe that the 30-day time period you provide 
     in the bill is a reasonable minimum period during which 
     victims and their families should not be bothered against 
     their will with the sometimes painful question of 
     compensation.
       However, we urge the committee to go further, by 
     strengthening this bill to also prohibiting unsolicited 
     contact by anyone concerning potential claims they or their 
     loved ones may have. Until a family decides to consider its 
     options with regard to compensation, no party should take 
     advantage of them during this delicate emotional time. This 
     prohibition should not extend to preventing airlines of other 
     parties from providing for the needs of the families, such as 
     transportation to the accident site, lodging and meals--only 
     to communications relating to the family's right to bring an 
     action.
       The shock and grief the families of aviation disasters are 
     experiencing should be respected by all and this is not a 
     time for outsiders to be soliciting serious discussions from 
     the victims or their families. This rule will ensure that 
     families, not businesses or lawyers, make the decision of 
     when to seek compensation, and the proper mechanism for it.
       Further, the Association would be pleased to participate in 
     the task force established in sec. 4 to help assure that 
     families' privacy is not intruded upon by any party. We 
     believe that the families must be protected, and our position 
     in the legal community and our strong Code of Conduct gives 
     us a unique ability and standing to contribute to such a task 
     force.
       The Association of Trial Lawyers of America strongly 
     supports efforts to help families of victims of 
     transportation disasters. Without taking a position with 
     regard to any of the other issues in the bill, we believe 
     that this legislation is a valuable step toward sheltering 
     families in the midst of a personal crisis. Again, we commend 
     your action supporting these families.
           Sincerely,
                                                    Howard Twiggs,
                                                   ATLA President.

                              {time}  1100

  Mr. LIPINSKI. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Minnesota [Mr. Oberstar], the ranking member of the 
Committee on Transportation and Infrastructure and former chairman of 
the Subcommittee on Aviation.
  Mr. OBERSTAR. Mr. Speaker, I appreciate the gentleman yielding time 
to me, and I would like to say a few words on this measure.
  To the very great credit of our chairman, the gentleman from 
Pennsylvania [Mr. Shuster], in the aftermath of the ValuJet crash, when 
we in the committee heard some of the tragedies that have already been 
related by the chairman of the committee, by the chairman of the 
subcommittee, the gentleman from Tennessee [Mr. Duncan], and the 
gentleman from Illinois [Mr. Lipinski], about treatment of the 
families, the chairman of the committee, the gentleman from 
Pennsylvania [Mr. Shuster], made a commitment to seize on this issue, 
to deal with it, to bring justice, and to build upon the legislation 
enacted in the aftermath of PanAm 103. We are here today because of 
that commitment. I salute our chairman for moving decisively, and 
bringing this issue to closure in the House and I hope closure in the 
other body rapidly.
  Already the commission, headed by Vice President Gore, has taken a 
central element of this legislation and incorporated it into the Vice 
President's recommendations without waiting for legislation to be 
enacted. Of course, enactment of the legislation will only reinforce 
and strengthen what the Gore commission has initiated.
  There is plenty of praise and commendation to go around, beginning 
with the chairman of the committee, the gentleman from Pennsylvania 
[Mr. Shuster], for the leadership he has demonstrated, for the genuine 
caring and sensitivity that he has shown on this issue; the gentleman 
from Tennessee [Mr. Duncan], also a man of great compassion and 
sensitivity, who has devoted a great amount of time and effort to the 
issue; to the gentleman from Illinois [Mr. Lipinski], our

[[Page H10538]]

ranking member, who again spent a great deal of time with family 
members hearing their concerns, addressing those issues, working 
together with Chairman Duncan to resolve some of the sticker questions, 
and to come up with a piece of legislation that will vastly enhance the 
treatment of families in the aftermath of an air tragedy.
  Obviously, we all hope we will never have to exercise the provisions 
of this legislation, but we also know that tragedies happen in 
aviation, for one or another cause. We need to be prepared. The FAA 
needs to be prepared, the DOT, the airlines have to be prepared. This 
legislation will put a framework around preparedness, to deal with 
these tragedies in the future, so never again will a family member have 
to agonize, waiting for information, not know where to call, be given 
abrupt treatment or no information whatever, worst of all.
  Outside the confines of the committee, Vicki Cummock, who lost her 
husband in PanAm 103, has proven to be a champion on behalf of family 
members. She has counseled in the case of many subsequent air tragedies 
and helped us formulate this legislation; George Williams, a leader of 
another group of families of the victims of PanAm 103, has provided 
great insight; Bill Kessler, with his tragic experience losing his wife 
in the ValuJet tragedy, provided great, compassionate insight.
  I also would like to mention a woman from my district, Lorelei 
Valerie, who lost her father in a tragic crash 6 minutes from my home 
in Chisholm, MN, when a commuter aircraft crashed into a hillside for 
want to a ground proximity warning system, and who experienced many of 
these similar problems: notification, treatment of the families in the 
aftermath of a tragedy.
  This legislation takes a big step forward. The bill specifies that 
its provisions do not prohibit airlines from providing families, 
victims' families, with additional support beyond what is provided in 
the framework of this legislation. It does require that all airlines, 
regardless of the size of their fleet, have disaster response plans on 
file with the Department of Transportation.
  The bill does not require that the plan be approved as part of the 
carrier's operations specifications. That would be my preference. I 
believe, however, that if we included such a requirement, 
notwithstanding that it would improve the bill, it might also impede 
its chances for action.
  There will be an effort to develop a model plan. When such a model 
plan is developed, I believe the DOT should give strong consideration 
to promulgating regulations to require that at least the contents of 
the model plan be included in each carrier's own individual airline 
response plan. That is an issue that I am going to be watching very 
closely. There may come a time when we need to take a tougher approach 
on these response plans than we are taking in this bill. This bill is a 
good step in the right direction.
  I just simply put the airlines on notice and the DOT on notice that 
we mean business in this committee on this issue. We will not tolerate 
inaction or lack of compliance with the spirit of this legislation. I 
urge strong support and a wholehearted unanimous vote in favor of this 
legislation.
  In 1990, Congress passed legislation that required carriers to 
confirm a passenger manifest in a maximum of 3 hours on international 
flights. The airlines have been successful in forestalling the 
implementation of this requirement through a rider in the early 
appropriations legislation. Each time I learn of an aviation accident 
and hear and families waiting for hours without definite word of 
whether their loved ones have been involved, I cannot help but blame 
the airlines for working so hard to find a legislative fix to allow 
them to keep families in a state of uncertainty longer than necessary. 
The recently released recommendations of the Gore Commission include a 
proposal that the requirement in the 1990 legislation be implemented. 
In fact, many of the provisions included in H.R. 3923 are also Gore 
Commission recommendations.
  The purpose of this legislation is to help create a process that, at 
a minimum, does not make an already very emotional situation even more 
traumatic for family members. It requires that all airlines, even the 
smallest, have, as a prerequisite for their operation, a disaster plan 
submitted to the Department of Transportation. The plan must address a 
number of key areas, including the notification of family members, and 
the ongoing obligations the carrier has with respect to the information 
and services to be provided to the family members throughout the 
duration of the disaster. The bill charges the National Transportation 
Safety Board with designating an individual to work with the family 
members and provide them with periodic briefings on the status of the 
recovery of victims' remains and the accident investigation, as well as 
coordinating and disseminating to family members other pertinent 
information from various government entities. We have learned that it 
is very important that family members not feel they have to contact 
several different Federal State, and local entities to be fully 
informed about matters of importance to them.
  Also in response to the testimony received at our June hearing, this 
bill requires that the NTSB designate an independent nonprofit 
organization with experience in disaster response to work with the 
families to provide information and counseling as required. In the 
hearing, the Red Cross was mentioned specifically as an organization 
that would be well suited to the role envisioned, and we have worked 
with that organization in developing this legislation.
  This legislation does not improve the safety of commercial aviation 
or the adequacy of the Federal Aviation Administration's oversight of 
airlines, yet it address something that, in its own way, is just as 
important; the need for compassionate treatment of people who have 
suffered the unexpected loss of a loved one. The legislation is 
intended to help people who are desperate for information about their 
father, husband, son. It is intended to protect people who are hounded 
by the media as they seek news about the safety of their mother, wife, 
daughter. It is intended to assist people who are subjected to lawyers 
eager to take advantage of their vulnerability and great personal loss 
to gain a percentage of a potential financial award.
  This legislation is about providing compassion and respect for 
individuals experiencing deep grief. I think the fact that we need 
legislation to mandate compassion is a dad statement about our society, 
but I am gratified that, having seen a need, our committee has been 
able to respond in a timely manner.
  The victims' families have known deep loss and shared similar 
experiences at the hands of Government agencies and the media. Some of 
these individuals have gone on to use their painful experiences to help 
others deal with their grief under similar circumstances, and we have 
worked with these individuals to develop this legislation, and will 
hear from some of them again today. Their shared experience has helped 
us in the legislative process. They understand the need to ensure that 
the dignity of the families will be preserved to the extent possible 
under extremely adverse conditions.
  It is important to understand that there are services that an airline 
can provide that no government or independent agency can. As private 
companies, airlines can authorize immediate expenditures to provide 
transportation and lodging to family members, as well as accommodate 
other requirements they may have. Most large airlines have established 
disaster plans in place and trained individuals at the ready in the 
event of an accident. In fact, some airlines have worked with the 
family members groups who have testified before our committee to 
develop or modify their disaster response plans. Many airlines provide 
each family with the name and telephone number of an airplane employee 
who will work with them to provide them with the information and 
services needed. The airline representatives can help provide family 
members with assistance that is tailored to the needs of an individual 
family. For example, airlines have accommodated a family's need for 
money to make a mortgage payment or school tuition that comes due 
during the tragedy. This bill recognizes the need to preserve the 
airline's ability to provide financial support and other assistance to 
family members during emotionally stressful times. The role that many 
airlines have played in response to an accident cannot be duplicated by 
any Federal, State, or independent agency, and the services they 
provide must not be sacrificed in a naive attempt to eliminate contact 
between airlines and families.
  However, while this bill specifies that its provisions do not 
prohibit airlines from providing the victims' families with additional 
support, it does require that all airlines, regardless of the size of 
their fleet, have disaster response plans on file with the Department 
of Transportation. The bill does not require that the plan be approved 
as part of the carrier's operations specifications. I believe that if 
we included such a requirement, it would improve the bill. But I 
recognize that there will be an effort to develop a model plan. After 
such a plan is developed, I believe the DOT should give very strong 
consideration to promulgating regulations to require that at least the 
contents of the model plan be in each carrier's own

[[Page H10539]]

plan. I will be watching this issue closely. There may come a time when 
we need to take a more firm approach on these plans than we are taking 
today in this bill.
  I urge my colleagues to pass this important legislation.
  Mr. SHUSTER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I anticipate the overwhelming passage of this 
legislation today, and with its passage, it will mark the eighth piece 
of aviation legislation which this body has overwhelmingly passed and 
sent to our colleagues in the other body.
  Unfortunately, they have not acted yet on any of those pieces of 
legislation. Of the seven that we have sent over, the one that had the 
poorest vote showing was a vote of 389 to 22, so I think that 
demonstrates the extraordinary, overwhelming bipartisan support for the 
aviation measures which this body has passed and sent to the other 
side.
  So it is my hope that in the waning days of this Congress, our 
colleagues on the other side of the Capitol will indeed move these 
very, very important pieces of aviation legislation, not the least of 
which is this very important family bill that is before us today.
  Mr. Speaker, I am pleased to yield 2 minutes to the gentleman from 
Illinois [Mr. Weller], the distinguished vice chairman of the 
Subcommittee on Aviation.
  Mr. WELLER. In a spirit of bipartisanship, I rise in strong support 
of this bipartisan bill, Mr. Speaker. This legislation responds to the 
pleas we all heard from families at the Subcommittee on Aviation 
hearings in June and then again on September 5. At our subcommittee 
markup the bill, as revised, reflects some of the concerns raised by 
the families, the airlines, and the Red Cross.
  Specifically, the bill requires the NTSB to designate an employee to 
act as a point of contact with the families within the Federal 
Government and as a liaison between the airline and the families. The 
NTSB is also directed to designate an independent, nonprofit 
organization; for example, the Red Cross, to address some of the 
emotional needs called upon by the families.
  H.R. 3923 sets out in some detail the responsibilities of the NTSB, 
the Red Cross, and the airlines. It is very important to note that the 
airlines will continue to be responsible for notifying the families of 
the death of a loved one. However, the bill also requires that the 
passenger list be turned over to the National Transportation Safety 
Board, the NTSB, and the Red Cross, if requested, so families will have 
someone else to turn to if the airline notification process is too 
slow.
  As we all know, Mr. Speaker, there were too many complaints from 
families about the ValuJet and TWA crashes, but these complaints did 
not originate with these accidents. Similar problems have been brewing 
for many years, going back to KAL 007 flight and PanAm 103. At our 
hearing in June, Chairman Shuster committed to the families that we 
would develop legislation in response to their concerns. This bill, a 
bipartisan bill, fulfills that commitment.
  But we never could have done it without the bipartisan cooperation 
and input of the ranking members, the gentleman from Minnesota [Mr. 
Oberstar] and the gentleman from Illinois [Mr. Lipinski], whose 
experience and viewpoint made them invaluable partners in this process. 
I also would like to thank the gentleman from Tennessee [Mr. Duncan], 
the chairman, the gentleman from Illinois [Mr. LaHood], the gentlewoman 
from Missouri [Ms. Danner], who made significant contributions to this 
bill.
  This bill has broad-based sponsor support. We have over 40 
cosponsors. So in short, Mr. Speaker, I think we have a good, well-
balanced, thoughtful piece of legislation. I urge bipartisan support.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, given the recent crashes of a 
ValuJet flight in Florida and a TWA flight off the coast of Long 
Island, the Aviation Disaster Family Assistance Act is both timely and 
necessary. This bill will provide the National Transportation Safety 
Board to designate an employee as a family advocate. The family 
advocate would serve as a point of contact within the Federal 
Government for the families of victims, act as liaison between the 
families and the airline, and obtain the passenger list and use it to 
provide information to the families.
  The measure also prohibits making unsolicited contacts with any 
individual injured in an airline crash or with the family of any victim 
of an airline crash for 30 days after the crash.
  This measure will provide some protection and comfort to families who 
experience the painful uncertainty of not knowing the fate of a family 
member or the horror of losing a loved one. Hopefully, no one will have 
to suffer the terrible uncertainty and apprehension that Pam Lynchner's 
family in my hometown of Houston, TX, had to go through after the crash 
of that fateful TWA flight, without some comfort and counseling.
  Mr. McDADE. Mr. Speaker, I rise in strong support of H.R. 3923, the 
Aviation Disaster Family Assistance Act, a measure which will reform 
the National Transportation Safety Board's procedures for assisting 
families of aviation accident victims. As a cosponsor of this vital 
bill, I want to thank Chairman Bud Shuster of the Transportation and 
Infrastructure Committee for his timely efforts in bringing this very 
necessary legislation to the floor.
  This measure will address many of the problems confronting families 
of air disaster victims such as those who lost loved ones in the 
ValuJet and TWA flight 800 aviation disasters. The need for this bill 
became apparent after these air disasters, where family members of 
victims complained about the bureaucratic friction which they had to 
fight through to determine the status of their loved ones. After the 
TWA flight 800 disaster, I became personally involved in this process 
when families from Montoursville, PA, in my district, faced the loss of 
sons, daughters, parents, friends, and neighbors. Regrettably, the 
current mission of the National Transportation Safety Board does not 
include any requirements for coordinating care and support for the 
victim's families. H.R. 3923 will empower the NTSB, the logical 
organization to fulfill this mission, to advocate, support, and care 
for these families in their moment of need.
  During the recent TWA 800 disaster, many families complained of poor 
handling of the situation by airline personnel, lawyers, and the press. 
The families and I were constantly confronted with bureaucratic 
friction in obtaining a list of passengers, securing for the victim's 
families a dedicated liaison officer between TWA, the U.S. Coast Guard, 
the NTSB, and the Suffolk County coroner's office. Many had to wait 
days for airline confirmation of their loved ones' deaths. They also 
waited weeks for identification of recovered bodies because the local 
authorities refused to accept outside assistance. These experiences are 
the motivation behind this bill, designed to establish guidelines for 
informing the families of victims and to spare families of future 
victims needless frustration during such trying circumstances.
  The day after the TWA 800 crash, my office directly contacted the 
chairman of the National Transportation Safety Board, the vice 
president of operations for TWA and the Suffolk County coroner. Through 
this effort, I was able to obtain a U.S. Coast Guard liaison officer 
detailed to the Montoursville families, the passenger manifest for the 
families, and private briefings from the Suffolk County coroner's 
office. This measure will establish the National Transportation Safety 
Board as the lead organization to fulfill similar liaison functions in 
the future.
  H.R. 3923 will require the NTSB to designate an NTSB employee as a 
family advocate who will coordinate care and support for the families 
through the Red Cross, the airline, and pertinent disaster response 
agencies. Specifically, the NTSB will coordinate the recovery and 
identification of accident victims, obtain the passenger manifest, 
brief families before press conferences, and inform families of any 
scheduled public hearings on the accident. The bill additionally tasks 
agencies such as the Red Cross to provide counseling to the families, 
ensure the privacy of the families from the media and lawyers, arrange 
a suitable memorial service, and to use the airline's resources as 
suitable.
  The airlines will be required to submit a plan within 6 months for 
addressing the needs of families, publicize a reliable, toll-free 
number for handling calls from family members, immediately provide the 
passenger list to the family advocate and the Red Cross, even if all 
names have not been verified. The airlines must additionally consult 
the families before disposing of all remains and return the passenger's 
possessions to the families and retain all unclaimed possessions for 2 
years. The bill will establish a task force involving the Department of 
Transportation, NTSB, Federal Emergency Management Association, the Red 
Cross, family representatives, and the airlines to develop a model 
family assistance plan and recommend ways to prevent lawyers and the 
media from violating family privacy.
  Mr. Speaker, it is clear, after our experiences with the recent 
ValuJet and TWA 800 disasters, that there is a need for a dedicated 
Federal agency to address the Nation's air disaster response problems. 
I therefore urge

[[Page H10540]]

passage of this vital legislation and thank Chairman Shuster for his 
excellent efforts in bringing this bill to the floor in a timely 
fashion.
  Mr. LAZIO of New York. Mr. Speaker, as an original cosponsor of H.R. 
3923, the Aviation Disaster Family Assistance Act, I rise to express my 
strong support for this important bill designed to ensure that families 
of aviation accident victims receive timely emotional care and support 
when they most need it.
  Those whose loved ones perish or are injured in airline crashes are 
particularly vulnerable as illustrated by the recent experiences of 
families of the victims of the TWA flight 800 tragedy near my district 
on Long Island, and the ValuJet crash in the Everglades. The surviving 
families require immediate attention by personnel who are adequately 
trained and experienced in handling these disasters.
  H.R. 3923 makes the National Transportation Safety Board the lead 
Federal agency in dealing with the needs of victims' families. An NTSB 
employee would serve as a family advocate to act as a point of contact 
between the Federal Government and family members, as well as a liaison 
between the families and the airline.
  In addition, the NTSB would designate an organization experienced in 
dealing with families in times of crisis--such as the Red Cross--to 
coordinate the care and support of families; meet with families who 
come to the scene of the accident; provide counseling to the families; 
ensure the privacy of the families; inform the families of the role of 
government agencies and the airline; arrange a proper memorial service; 
obtain a passenger list to provide information to families; and, use 
the airline's personnel and resources as needed.
  Other important features of H.R. 3923 require the airline to submit a 
plan within 6 months for addressing the needs of the families of 
passengers involved in an airline crash; publicize a reliable toll-free 
number for handling calls from family members; notify families as soon 
as possible of the fate of their loved ones using trained personnel; 
and, provide the passenger list to the family advocate and the Red 
Cross immediately, even if all names have not been verified.
  Finally, the bill creates a task force to develop a model family 
assistance plan, which would be completed and sent to Congress within a 
year. The task force would involve the NTSB, the Department of 
Transportation, the Federal Emergency Management Agency, the Red Cross, 
family representatives, as well as the airlines.
  Families and friends, and often whole communities, are affected by 
these tragedies. The role of the Federal Government must be to support 
victims' families in any way possible, to help ease their pain after 
losing a loved one. They deserve no less, and I urge my colleagues to 
support this bill before us today.
  Mr. BLUTE. Mr. Speaker, I rise in strong support of the Aviation 
Disaster Family Assistance Act. I learned first hand of the horrible 
experience that families of victims of air disasters go through.
  A woman from my district in Swansea, MA lost her parents in the 
tragic incident that brought down TWA Flight 800 on July 17, 1996. She 
learned by reading the plane's manifest in the newspaper that her 
parents did, in fact, perish in this horrific aviation incident. Days 
after the plane crash this woman continued to receive unacceptable 
treatment from the airline. She found herself caught in a bureaucratic 
nightmare when trying to get her daughter home from overseas to attend 
a memorial service. She was forced through hoop after hoop to simply 
confirm her daughter's relationship to the deceased. This is not the 
kind of experience one should be expected to go through during this 
period of enormous grief.
  Therefore, I cosponsored this legislation and I commend Chairman 
Shuster and Chairman Duncan for moving this bill on a fast track. The 
legislation before us today reforms procedures for dealing with 
families of aviation accident victims. This bill establishes a family 
advocate within the National Transportation Safety Board [NTSB] to act 
as a liaison between the Government and the families, and it directs 
the NTSB to designate an independent organization, such as the Red 
Cross, to take primary responsibility for the emotional care and 
support of families. The bill also directs the airline to release the 
passenger list to the family advocate and Red Cross immediately so that 
families will have another option in their quest for information about 
the fate of loved ones.
  To lose a loved one in an aviation disaster is a sudden and 
emotionally devastating experience. I am pleased to be a part of 
legislation that will help to ease this burden on families in the 
future.
  Mr. LIPINSKI. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. SHUSTER. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania [Mr. Shuster] that the House suspend the 
rules and pass the bill, H.R. 3923, as amended.
  The question was taken.
  Mr. LIPINSKI. Mr. Speaker, on that, I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore (Mr. Bereuter). Pursuant to clause 5 of rule 
I and the Chair's prior announcement, further proceedings on this 
motion will be postponed.

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