[Congressional Record Volume 143, Number 24 (Friday, February 28, 1997)]
[Senate]
[Pages S1797-S1798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. D'AMATO:
  S. 383. A bill to require the Director of the Federal Emergency 
Management Agency to provide funds for compensation for expenses 
incurred by the State of New York, Nassau County and Suffolk County, 
NY, and New York City, NY, as a result of the crash of flight 800 of 
Trans World Airlines; to the Committee on Environment and Public Works.


            FEDERAL EMERGENCY MANAGEMENT AGENCY LEGISLATION

 Mr. D'AMATO. Mr. President, I introduce legislation which will 
require the Director of the Federal Emergency Management Agency [FEMA] 
to compensate the many State, county, and local governments throughout 
New York that assisted Federal officials in the rescue and salvage 
operations immediately following the crash of Trans World Airlines 
Flight 800.
  As you will recall Mr. President, on July 17, 1996, TWA flight 800 
crashed into Federal waters off the coast of Long Island, NY killing 
all 230 persons aboard. Immediately following the incident a vast army 
of rescuers set forth from the counties of Nassau and Suffolk, Long 
Island, and the city of New York to offer their assistance. Many of the 
rescuers were ordinary citizens. Others were from U.S. Coast Guard 
stations located within the area. However, the vast majority of the 
rescuers came from the many State, county, and local municipalities 
throughout the region. Braving darkness and rolling seas these heroes 
set forth upon the Atlantic Ocean, in many cases in small boats piloted 
by area residents and fishermen to help persons unknown to them.
  In the hours and days immediately following the tragic crash, divers 
from the city of New York, and the New York State Police, working with 
Navy and Coast Guard officials, began their search for survivors. 
Braving frigid waters, darkness and the hazards created by the wreckage 
itself they soon realized the enormity of the loss of life. They then 
began the undaunted task of recovering the bodies of those who had lost 
their lives in the crash. These divers labored around the clock for 
weeks on end with only a few hours of fitful sleep performing this most 
sensitive of tasks. The men and women who labored under these harshest 
of conditions are to be commended.
  While efforts continued under the water, the air above the crash site 
was filled with activity. National Guard helicopters stationed in New 
York were requested to transport Federal officials to and from the 
crash site and to assist in recovery operations.
  On land, National Guard engineers provided cranes to lift large 
pieces of the aircraft. These pieces were eventually loaded upon 
National Guard trucks in Brooklyn, NY, and transported to a hangar at 
Calverton, Long Island where they were reassembled. National Guard 
units provided security at the Brooklyn and Calverton facilities. 
National Guard units also provided generators to provide desperately 
needed lighting to assist in the recovery process.
  Additionally, the New York State Department of Transportation 
provided steel and lumber in support of the National Guard's recovery 
efforts. The New York State Department of Corrections provided mobile 
homes to provide temporary housing for U.S. Navy and Coast Guard 
officials. New York State, county, and local police officials assisted 
the FBI with the collection and processing of large pieces of the 
aircraft. These same officials also provided security at the reassembly 
facility at Calverton. In probably one of the most sensitive and 
delicate of efforts, members of the Suffolk County Medical Examiners 
Office worked tirelessly and expeditiously in the identification of the 
victims of the crash in order that they might be returned to their 
loved ones. These are only a few of the examples of the assistance that 
was provided by and continues to this date to be provided by the 
citizens of the State of New York to Federal authorities.
  New York State, New York City, Suffolk and Nassau Counties offered 
their assistance in this emergency without hesitation. However, the 
magnitude of the rescue and recovery operation imposed tremendous 
financial strains on these entities. To date, nearly $13 million has 
been spent by State, city, and county governments and this total could 
very well increase as the final accountings are tallied. The 
legislation that I am introducing today will provide financial 
compensation to these entities for the costs they incurred in 
responding to and assisting in the efforts to retrieve the bodies and 
wreckage of TWA flight 800. This legislation will require that all 
requests for restitution be forwarded directly to the Governor of New 
York who will in turn submit a request to the Federal Emergency 
Management Agency. Total compensation would be capped at $20 million.
  Mr. President, we all commend the efforts of the State of New York, 
the city of New York, and Nassau and Suffolk Counties and the many 
thousands of men and women who offered their assistance in this time of 
need. I believe that this is the right thing to do to provide fair 
compensation to those entities that responded to this extraordinary and 
tragic incident. I encourage my colleagues to cosponsor this measure 
and I urge its prompt consideration.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

[[Page S1798]]

                                 S. 383

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

     SECTION 1. PAYMENT TO THE STATE OF NEW YORK.

       (a) In General.--Subject to the limitation under subsection 
     (b), the Director of the Federal Emergency Management Agency 
     (referred to in this section as the ``Director'') shall pay, 
     from funds available to the Director, to the State of New 
     York an amount determined by the Director, in consultation 
     with the units of government referred to in paragraphs (1) 
     through (3), to be equal to the aggregate amount of the 
     expenses incurred (but not reimbursed by the Federal 
     Government under other law) as a result of the crash of 
     flight 800 of Trans World Airlines on July 17, 1996, off the 
     coast of Long Island, New York, by--
       (1) the State of New York;
       (2) Nassau County and Suffolk County, New York; and
       (3) New York City, New York.
       (b) Limitation.--The total amount paid by the Director to 
     the State of New York under subsection (a) shall not exceed 
     $20,000,000.

     SEC. 2. DISTRIBUTION OF FUNDS.

       (a) Distribution by State of New York.--The Governor of the 
     State of New York (in this section referred to as the 
     ``Governor'') shall use the amount paid to the State of New 
     York under section 1--
       (1) as reimbursement for expenses incurred by the State as 
     a result of the crash referred to in section 1(a); and
       (2) to make payments to the units of government specified 
     in paragraphs (2) and (3) of section 1(a).
       (b) Requests for Compensation.--
       (1) In general.--
       (A) Solicitation of requests.--The Governor shall solicit 
     requests for compensation for expenses referred to in section 
     1(a) from the units of government referred to in subsection 
     (a)(2).
       (B) Requirements for requests.--Each request made under 
     this subsection shall--
       (i) be in writing;
       (ii) contain appropriate documentation; and
       (iii) be submitted in such form, and in such manner, as the 
     Governor may specify.
       (2) Delegation of authority.--If the Governor determines 
     that the review of the requests by the Director of Emergency 
     Management of the State of New York is appropriate, the 
     Governor may delegate the review of the requests to the 
     Director of Emergency Management.
       (3) Review of requests.--The Governor or the Director of 
     Emergency Management, as the case may be, shall review each 
     request submitted under paragraph (1).
       (4) Payments.--If, on completion of a review under 
     paragraph (3)--
       (A) the Governor determines that a request is appropriate 
     and accurate, the Governor shall make a payment under 
     subsection (a)(2) to the unit of government that submitted 
     the request; or
       (B) the Director of Emergency Management determines that a 
     request is appropriate and accurate, the Director of 
     Emergency Management shall inform the Governor of the results 
     of the review, and the Governor shall make a payment under 
     subsection (a)(2) to the unit of government that submitted 
     the request.
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