[Congressional Record Volume 143, Number 109 (Tuesday, July 29, 1997)]
[Extensions of Remarks]
[Page E1552]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                       DEATH ON THE HIGH SEAS ACT

                                 ______
                                 

                               speech of

                         HON. MICHAEL P. FORBES

                              of new york

                    in the house of representatives

                         Monday, July 28, 1997

  Mr. FORBES. Mr. Speaker, I rise in support of H.R. 2005, the Airline 
Disaster Relief Act, which updates the Death on the High Seas Act. 
Along with Congressman McDade, I introduced this act to prevent the 
injustices visited upon constituents from both of our districts who 
suffered great losses aboard TWA 800. The act revises an outdated 
Federal law, and allows full compensation for families of victims of 
aviation disasters like TWA 800, which occurred in my home district in 
eastern Long Island.
  Because of the outdated provisions of a law adopted 77 years ago, the 
families of victims of crashes like TWA flight 800 do not have the same 
legal recourse that the survivors of other incidents have. Adopted in 
1920, the Death on the High Seas Act was designed to allow the 
surviving family of sailors lost at sea to sue for lost wages. In 
subsequent court rulings, it has been determined that the act applies 
to all maritime and aviation disasters that occur more than 1 marine 
league, or 3 miles from American shoreline.
  Because it crashed 9 miles off Long Island's South Shore, the Supreme 
Court has ruled that TWO flight 800 is not covered by the act. In 
previous cases, the courts have also ruled that plaintiffs in high seas 
cases are not entitled to damages for pain and suffering or loss of 
companionship. These changes amend the Death on the High Seas Act, so 
that it covers all aviation disasters since January 1, 1995, and grants 
families the right to file suit for a jury trial in State court, rather 
than present their claim to a judge under maritime law.
  Mr. Speaker, I urge my colleagues to support these changes to the 
Death on the High Seas Act, so that tragedies like TWA 800 are not 
compounded by the injustices of outdated laws pertaining to these 
situations.

                          ____________________