[Congressional Record Volume 143, Number 44 (Tuesday, April 15, 1997)]
[Extensions of Remarks]
[Page E665]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    THE RON BROWN TORT EQUALITY ACT

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                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                        Tuesday, April 15, 1997

  Ms. NORTON. Mr. Speaker, the bill I introduce today broadens the 
rights of Federal employees and other Americans by amending the Federal 
Tort Claims Act. The need for this bill has been demonstrated in the 
aftermath of the tragic and needless accident which killed Secretary 
Ron Brown and 34 other Americans when their plane, piloted by the U.S. 
Air Force, crashed into a Croatian mountainside on April 3, 1996. I 
introduce this bill this month in memory of the Americans who died in 
Croatia to allow fair compensation to their relatives for their 
irretrievable losses and to deter similar accidents in the future.
  News reports and constituent calls to my office have made clear the 
need for this bill. Some victims' families have faced financial 
hardship, in some instances, due to the minimal Government benefit 
payments. If a private plane had been responsible for this accident, 
the victims' families would have been entitled to recover no less than 
$75,000, and if willful misconduct were shown, the amount recoverable 
would have been unlimited. The bill I introduce today increases the 
damages available to the victims of tragedies caused by the Federal 
Government and covers accidents occurring on or after April 3, 1996.
  My bill will not unfairly open the United States to lawsuits by 
increasing its exposure in large numbers of accidents. The bill is 
limited to accidents in which the burden would be on the plaintiff to 
prove gross negligence, which the record shows to be a small number.
  The official Air Force investigation found three independent causes, 
any one of which, had it not existed, would have prevented the 
accident. Surely, in the unusual circumstances of gross and preventable 
negligence, the country has an obligation to do more than mourn the 
victims and offer minimal damages.
  My bill addresses two problems. The first affects only Federal 
employees. Under current law, the sole source of recovery for an 
injured Federal employee is the Federal Employees Compensation Act 
[FECA]. The act provides compensation benefits to U.S. employees for 
disabilities due to personal injury incurred while working. Although 
the FECA applies to injuries that occur here in this country and those 
that occur overseas, a Federal employee cannot sue for gross 
negligence. And if that Federal employee dies and has no dependents, 
the recoverable damages under FECA are practically nonexistent. My bill 
remedies this by allowing Federal employees to sue the United States 
for gross negligence, notwithstanding any compensation they would 
receive under the Federal Employees Compensation Act.
  My bill addresses a second problem as well. This problem is that 
nonfederal employees who are injured overseas have no right of recovery 
against the Federal Government. Currently, under the Federal Tort 
Claims Act [FTCA], an individual may bring a tort suit against the 
Federal Government for injuries caused by the negligent or wrongful act 
or omission of any Federal employee acting within the scope of his 
employment. Under the FTCA, an individual has 2 years to present a 
claim to the Federal agency involved, and if the agency denies the 
claim, then that person has the right to sue in Federal district court. 
Although this right exists for people who are injured in the United 
States, the individual who is injured overseas has absolutely no right 
of recovery under the Federal Tort Claims Act for the negligent conduct 
of the Federal Government. My bill remedies this problem by providing a 
cause of action.
  The accident in Croatia pointed up in the most tragic way the need 
for this bill. The Air Force Accident Investigation Board revealed raw 
negligence from takeoff to landing. The Board found that the command 
gave authorization to fly certain procedures that had not been reviewed 
and properly approved, that the aircrew made errors in planning and 
executing the flight, that the approach to the airport was improperly 
designed, and that inadequate training was a substantially contributing 
factor. As a result of the investigation, 2 officers were disciplined 
under article 15 of the Uniform Code of Military Justice--the most 
serious form of military punishment short of a court-martial--2 
received letters of reprimand, and actions were taken against 12 
others.
  We owe the families of those left behind after last year's accident 
in Croatia more than our continuing sympathy. We owe them just 
compensation and assurance that Federal tort law will deter such 
tragedies in the future. I urge my colleagues to support this 
legislation.

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