[Congressional Record Volume 143, Number 125 (Thursday, September 18, 1997)]
[Senate]
[Pages S9653-S9654]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself, Mr. Gorton, Mr. Hollings, and Mr. 
        Ford):

  S. 1196. A bill to amend title 49, United States Code, to require the 
National Transportation Safety Board and individual foreign air 
carriers to address the needs of families of passengers involved in 
aircraft accidents involving foreign air carriers; to the Committee on 
Commerce, Science, and Transportation.


               THE FOREIGN AIR CARRIER FAMILY SUPPORT ACT

  Mr. McCAIN. Mr. President, I am pleased to join with my colleagues, 
Senator Gorton, Senator Hollings and Senator Ford, to introduce the 
Foreign Air Carrier Family Support Act. This bill would require foreign 
air carriers to implement disaster family assistance plans should an 
accident involving their carriers occur on American soil. I would like 
to recognize my colleagues in the House, especially Representative 
Underwood from Guam, who introduced the companion bill in the House of 
Representatives earlier this week.

  The legislation, if enacted, would build on the family assistance 
provisions that we enacted last year as part of the Federal Aviation 
Reauthorization Act of 1996. Let me be clear about one point. Domestic 
air carriers are already operating under the same legislative 
requirements set out in the legislation before us today.
  The need for extending the requirements to foreign air carriers came 
into a clear focus with the tragic crash of Korean Air Flight 801 in 
Guam. I do not intend to single out Korean Air for blame. An accident 
of this magnitude, involving the loss of more than 200 lives, in rough 
and isolated terrain, is bound to create mass confusion and hysteria. 
Even so, coverage of the accident made us all acutely aware of the 
criticisms made by the family members, and the pain they suffered in 
relation to the search and rescue efforts, as well as the media 
involvement following the accident.
  The U.S. civil, military and Federal personnel at the scene should be 
commended for their contributions toward the search and rescue efforts. 
I also praise their attempts to console and assist family members on 
Guam, as well as those who traveled to the accident site from South 
Korea and the continental United States. Without a doubt, though, their 
efforts would have been more productive had there been a prearranged 
plan in effect. Greater coordination would have made things easier not 
only for the victims' family members, but also for the National 
Transportation Safety Board [NTSB] officials and military personnel who 
were on-site and who had to respond immediately in an emotional and 
potentially hazardous situation.
  The Foreign Air Carrier Family Support Act would require a foreign 
air carrier to provide the Secretary of Transportation and the Chairman 
of the NTSB with a plan for addressing the needs of the families of 
passengers involved in an aircraft accident that involves an aircraft 
under the control of that foreign air carrier, and that involves a 
significant loss of life. The Secretary of Transportation could not 
grant permission for the foreign air carrier to operate in the United 
States unless the Secretary had received a sufficient family assistance 
plan.
  The family assistance plan required of the foreign air carrier would 
include a reliable, staffed toll-free number for the passengers' 
families, and a process for expedient family notification prior to 
public notice of the passengers' identities. An NTSB employee would 
serve as director of family support services, with the assistance of an 
independent nonprofit organization with experience in disasters and 
post-trauma communication with families. The foreign air

[[Page S9654]]

carrier would provide these family liaisons with updated passenger 
lists following the crash. The legislation would require that the 
carrier consult and coordinate with the families on the disposition of 
remains and personal effects.
  This is important legislation. It is critical, given the increasing 
global nature of aviation. As we work to promote and implement open 
skies agreements with foreign countries, these countries' carriers will 
have increasing freedom to operate in the United States and its 
territories.
  I plan to bring this legislation before the Commerce Committee for 
markup as early as next week. Unfortunate but true, we have already 
seen the positive effects of the congressionally mandated family 
assistance provisions, as they relate to domestic air carriers. I urge 
my colleagues to support extending these assistance provisions to 
foreign carriers operating in the United States.
  Mr. GORTON. Mr. President, I rise to join my distinguished 
colleagues, Senator McCain, Senator Hollings, and Senator Ford to 
introduce the Foreign Air Carrier Family Support Act. This act will 
provide assistance to the families of aviation accident victims who 
were flying on foreign airlines operating in the United States, 
assistance that is now provided in the event of the crash of a domestic 
airline. I would also take this opportunity to recognize Representative 
Underwood of Guam who recently introduced the companion bill in the 
House with Representative Duncan and Representative Lipinski.
  The recent tragic crash of Korean Air Flight 801 in Guam, which took 
the lives of more than 200 people, clearly shows the need for this 
legislation. As we all know, the news of an air disaster spreads 
quickly around the world, with pictures and reports about the crash. 
The media is often at the sight of crash as soon as, if not before, the 
rescue teams.
  You can imagine how devastating it was for the family members of 
those flying on Flight 801, as it would be for any family members, to 
receive media reports about a crash just after it happened. Anyone in 
such a situation wants to know as quickly as possible what has happened 
to their loved ones. That is why the Congress passed the Aviation 
Disaster Family Assistance Act of 1996, which obligates domestic air 
carriers to have disaster support plans in place. It is why we now need 
to extend this type of plan to foreign air carriers in the event that 
they have an accident on American soil.
  Despite the best efforts of rescue personnel and National 
Transportation Safety Board personnel, it is clear that family members 
would have been better served if an accident plan had been in effect 
following the crash of flight 801. Coverage of the accident made us 
aware that family members suffered a great deal of pain in relation to 
the search and rescue efforts. We have, sadly enough, already seen the 
positive effects of family assistance plans for the accidents of 
domestic air carriers.
  Simply stated, the bill would require that following an accident 
resulting in a significant loss of life, the foreign airline would have 
a plan in place to publicize a toll-free number, have staff available 
to take calls, have an up-to-date list of passengers, and have a 
process to notify families--in person if possible--before any public 
notification that a family member was onboard the crashed aircraft. A 
National Transportation Safety Board employee would serve as the 
director of family support services, with the assistance of an 
independent nonprofit organization with experience in disasters and 
post-trauma communication with families. The legislation also requires 
the Secretary of Transportation to refuse a foreign air carrier a 
permit to operate in the U.S. if the carrier does not have a plan in 
place.
  As Senator McCain indicated, he plans to bring this legislation 
before the Commerce Committee for markup as early as next week. I will 
work with Senator McCain to see that we move this legislation as 
expeditiously as possible.
  I hope that it will never be necessary for the plans required under 
this legislation to be used. However, should a foreign air carrier have 
an accident in the United States, we should extend to the family 
members of victims the consideration and compassion that this 
legislation provides. I would urge my colleagues to join me in 
supporting this bill.
  Mr. HOLLINGS. Mr. President, I rise to join my colleagues, Senators 
McCain, Gorton, and Ford in introducing the Foreign Air Carrier Family 
Support Act, which will assign to foreign air carriers the statutory 
duty to provide support to the families of victims of aircraft 
accidents.
  Last month, 228 people died in the crash of Korean Air flight 801 in 
Guam. The United States, as a policy matter, has decided that our air 
carriers must be prepared to work with the families of victims. In 
fact, we require our carriers to file plans covering items like toll-
free phone lines, notification of families of the accident, 
consultation on the disposition of the remains, and the return of 
family possessions.
  These changes came about following the crash of TWA flight 800 last 
July. It was clear, following the crash, that the families of the 
victims needed assistance, and in a coordinated way. The National 
Transportation Safety Board representatives worked night and day to let 
the families know what was going on, but the carriers, too, have a 
responsibility and those responsibilities, for U.S. carriers, were 
statutorily imposed. The bill today will make sure that foreign 
carriers like Korean Air will have similar responsibilities for crashes 
that occur in the United States.
  I urge my colleagues to support the bill.
  Mr. FORD. Mr. President, I want to join my colleagues in sponsoring 
the Foreign Air Carrier Family Support Act. The bill, which I hope will 
be considered shortly by the Commerce Committee, is intended to close a 
loophole in law. Last year, we passed legislation requiring U.S. air 
carriers to file plans with the Secretary and NTSB outlining how they 
would address the needs of the families of victims of aviation 
disasters. The bill today will require foreign airlines that serve the 
United States. In light of the tragic crash in Guam, this bill will 
make sure that carriers like Korean Air are prepared to deal with the 
families of victims when a crash occurs on U.S. soil.
  The bill is supported by the administration and I hope that we can 
pass it quickly.
                                 ______