[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[House]
[Pages H10561-H10563]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FOREIGN AIRLINES FAMILY ASSISTANCE ACT
Mr. DUNCAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2476) 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, as amended.
The Clerk read as follows:
H.R. 2476
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. PLANS TO ADDRESS NEEDS OF FAMILIES OF PASSENGERS
INVOLVED IN FOREIGN AIR CARRIER ACCIDENTS.
(a) In General.--Chapter 413 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 41313. Plans to address needs of families of
passengers involved in foreign air carrier accidents
``(a) 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, that occurs within the United States; and
``(2) Passenger.--The term `passenger' includes an employee
of a foreign air carrier or air carrier aboard an aircraft.
``(b) Submission of Plans.--A foreign air carrier providing
foreign air transportation under this chapter shall transmit
to the Secretary of Transportation and the Chairman of the
National Transportation Safety Board a plan for addressing
the needs of the families of passengers involved in an
aircraft accident that involves an aircraft under the control
of the foreign air carrier and results in a significant loss
of life.
``(c) Contents of Plans.--To the extent permitted by
foreign law which was in effect on the date of the enactment
of this section, a plan submitted by a foreign air carrier
under subsection (b) shall include the following:
``(1) Telephone number.--A plan for publicizing a reliable,
toll-free telephone number and staff to take calls to such
number from families of passengers involved in an aircraft
accident that involves an aircraft under the control of the
foreign air carrier and results in a significant loss of
life.
``(2) Notification of families.--A process for notifying,
in person to the extent practicable, the families of
passengers involved in an aircraft accident that involves an
aircraft under the control of the foreign air carrier and
results in a significant loss of life before providing any
public notice of the names of such passengers. Such notice
shall be provided by using the services of--
``(A) the organization designated for the accident under
section 1136(a)(2); or
``(B) other suitably trained individuals.
``(3) Notice provided as soon as possible.--An assurance
that the notice required by paragraph (2) shall be provided
as soon as practicable after the foreign air carrier has
verified the identity of a passenger on the foreign aircraft,
whether or not the names of all the passengers have been
verified.
``(4) List of passengers.--An assurance that the foreign
air carrier shall provide, immediately upon request, and
update a list (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),
to--
``(A) the director of family support services designated
for the accident under section 1136(a)(1); and
``(B) the organization designated for the accident under
section 1136(a)(2).
``(5) Consultation regarding disposition of remains and
effects.--An assurance that the family of each passenger will
be consulted about the disposition of any remains and
personal effects of the passenger that are within the control
of the foreign air carrier.
``(6) Return of possessions.--An assurance that, if
requested by the family of a passenger, any possession
(regardless of its condition) of that passenger that is
within the control of the foreign air carrier will be
returned to the family unless the possession is needed for
the accident investigation or a criminal investigation.
``(7) Unclaimed possessions retained.--An assurance that
any unclaimed possession of a passenger within the control of
the foreign air carrier will be retained by the foreign air
carrier for not less than 18 months after the date of the
accident.
``(8) Monuments.--An assurance that the family of each
passenger will be consulted about construction by the foreign
air carrier of any monument to the passengers built in the
United States, including any inscription on the monument.
``(9) Equal treatment of passengers.--An assurance that the
treatment of the families of nonrevenue passengers will be
the same as the treatment of the families of revenue
passengers.
``(10) Service and assistance to families of passengers.--
An assurance that the foreign air carrier will work with any
organization designated under section 1136(a)(2) on an
ongoing basis to ensure that families of passengers receive
an appropriate level of services and assistance following
an accident.
``(11) Compensation to service organizations.--An assurance
that the foreign air carrier will provide reasonable
compensation to any organization designated under section
1136(a)(2) for services and assistance provided by the
organization.
``(12) Travel and care expenses.--An assurance that the
foreign air carrier will assist the family of any 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) Resources for plan.--An assurance that the foreign
air carrier will commit sufficient resources to carry out the
plan.
``(14) Substitute measures.--If a foreign air carrier does
not wish to comply with paragraphs (10), (11), or (12), a
description of proposed adequate substitute measures for the
requirements of each paragraph with which the foreign air
carrier does not wish to comply.
``(d) Permit and Exemption Requirements.--The Secretary
shall not approve an application for a permit under section
41302 unless the applicant has included as part of the
application or request for exemption a plan that meets the
requirements of subsection (c).
``(e) Limitation on Liability.--A foreign 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 foreign
air carrier in preparing or providing a passenger list
pursuant to a plan submitted by the foreign air carrier under
subsection (c), unless the liability was caused by conduct of
the foreign air carrier which was grossly caused by conduct
of the foreign air carrier which was grossly negligent or
which constituted intentional misconduct.''.
(b) Conforming Amendment.--The table of sections for such
chapter is amended by adding at the end the following:
``41313. Plans to address needs of families of passengers involved in
foreign air carrier accidents.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the 180th day following the date of the
enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Tennessee [Mr. Duncan] and the gentleman from Illinois [Mr. Lipinski]
each will control 20 minutes.
The Chair recognizes the gentleman from Tennessee [Mr. Duncan].
Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Subcommittee on Aviation unanimously approved H.R.
2476, as amended, on Thursday, October 23, and the full Committee on
Transportation and Infrastructure approved the bill on October 29. This
legislation was introduced by the gentleman from Guam [Mr. Underwood]
shortly after the terrible Air Korea disaster which recently occurred
on Guam. Both the gentleman from Illinois [Mr. Lipinski], the ranking
member of the subcommittee, and I, are original cosponsors of the bill.
It essentially mirrors legislation in the Aviation Disaster Family
Assistance Act, H.R. 3823, which the Subcommittee on Aviation
unanimously approved and the House overwhelmingly supported by a vote
of 401 to 4
[[Page H10562]]
last year. This legislation was eventually incorporated into the
Federal Aviation Administration Reauthorization Act which the President
signed in October of last year.
H.R. 2476 would require foreign airlines that have permits to fly in
the United States to file family assistance plans with the Department
of Transportation and the National Transportation Safety Board. These
assistance plans would be activated when a foreign carrier crashes on
U.S. soil.
The plans must include provisions such as the establishment of a
toll-free telephone number for families, the efficient notification of
passengers' families before public notice is given, the return of
victims' possessions to family members, unless they are needed for the
investigation, and many other similar provisions which all U.S.
carriers must comply with now.
H.R. 2476 will surely help the families who have lost loved ones in
these tragic air disasters by providing the needed support and
coordination necessary to assist in these unfortunate events.
Mr. Speaker, it is my understanding that the Senate Committee on
Commerce has already acted on similar legislation. This bill has the
support of both the Department of Transportation and the National
Transportation Safety Board. Again, I believe this is an outstanding
bill, a bill that is very much needed, and I urge its adoption.
Mr. Speaker, I reserve the balance of my time.
Mr. LIPINSKI. Mr. Speaker, I yield myself such time as I may consume.
[Mr. LIPINSKI asked and was given permission to revise and extend his
remarks.]
Mr. LIPINSKI. Mr. Speaker, I am an original cosponsor of H.R. 2476,
the Foreign Airlines Family Assistance Act. This bill would amend the
Aviation Disaster Family Assistance Act which was passed last year as a
result of several tragic accidents last year. It came to the attention
of the subcommittee that the treatment of the families of airline
accident victims needed to be improved.
Last year's legislation required all airlines to submit accident
action plans to the Department of Transportation. It also designated
the National Transportation Safety Board to act as a liaison between
various Federal, State, and local government agencies, the airlines,
and the families to ensure that they were receiving accurate and timely
information.
Last year's legislation attempted to address the many concerns that
the subcommittee heard in the two hearings that were held on this
issue. What the subcommittee neglected to appreciate was that every day
U.S. citizens fly on foreign carriers, which was not included in that
legislation.
This omission was tragically highlighted when a Korean Airline flight
crashed short of the runway in Guam earlier this year. The support and
coordination that the legislation would have required to have been in
place did not exist for the families of those victims. The gentleman
from Guam [Mr. Underwood] saw this inequity and worked with the
subcommittee and administration to expand the applicability of the
Aviation Disaster Family Assistance Act to foreign carriers and flights
between the United States and a foreign point.
Thanks to his efforts, the subcommittee's omission last year is being
corrected today. This bill has broad support, bipartisan support, as
well as the support of the administration.
I would like to say at this particular time I appreciate the work of
the gentleman from Guam [Mr. Underwood] and I thank my colleagues, the
gentleman from Tennessee [Mr. Duncan], the gentleman from Pennsylvania
[Chairman Shuster], and the ranking Democratic member, and the
gentleman from Minnesota [Mr. Oberstar] for their assistance in this
effort. I urge all my colleagues to pass this very important piece of
legislation.
Mr. Speaker, at this time I want to say it has been a pleasure once
again this year working with the chairman of the Subcommittee on
Aviation, my very good friend, the gentleman from Tennessee [Mr.
Duncan]. I look forward to another very productive year next year, and
I am sure that our bipartisan spirit will continue to pave the way in
the area of aviation.
Mr. Speaker, I yield back the balance of my time.
Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I also would like to once again thank the gentleman from
Illinois [Mr. Lipinski] and say maybe if they want to pass some of this
controversial legislation, they should just turn it over to the
gentleman from Pennsylvania [Mr. Shuster] and me.
Mr. UNDERWOOD. Mr. Speaker, I introduced this bill on September 15,
1997, about a month after the crash of Korean Air Flight 801 on Guam.
As many of my colleagues know, the Foreign Air Carrier Family Support
Act is a consequence of this tragic episode. Of the 254 people on board
the flight, 228 perished. And linked to these 254 people are numerous
family members and friends who suffered along with their loved ones as
they waited to hear news about the crash victims.
The people of Guam combined efforts with Federal officials, military
personnel, and volunteers from Guam and off-island to search, rescue,
and treat victims involved in the Korean Air crash. I cannot emphasize
enough the diligence and compassion demonstrated by these groups of
individuals.
As in any major disaster, there are many things which we think could
have been done differently. The ValuJet and TWA disasters produced the
Aviation Disaster Family Assistance Act of 1996, requiring domestic
airlines to submit family assistance plans. With H.R. 2476, I am asking
my colleagues to make this law applicable to foreign airlines which
operate in the United States and its territories. The Foreign Air
Carrier Family Support Act would require foreign air carriers to submit
family assistance plans should their air carrier crash on American
soil.
From establishing a toll-free number for victims' families to
consulting family members on the construction of monuments dedicated to
a crash, H.R. 2476 provides guidelines for foreign air carrier family
assistance plans. Other points include that upon request, foreign air
carriers will provide and update a list of passengers' names, and an
assurance that, upon request, possessions owned by the victim will be
returned to families. Although I have mentioned only a couple of
measures contained in H.R. 2476, I hope I have demonstrated the fact
that this bill will increase the level of efficient service provided to
family members as they cope with the loss of a relative.
I wish to thank Chairman Duncan and Congressman Lipinski, ranking
member of the Aviation Subcommittee, for agreeing to be original
cosponsors of this bill and to help pass this legislation in committee.
I also wish to thank the National Transportation Safety Board, the
Department of Transportation, Task Force on Assistance to Families in
Aviation Disasters, the State Department, and 23 of my colleagues who
have chosen to cosponsor H.R. 2476.
I encourage the rest of my colleagues to vote for the passage of the
Foreign Air Carrier Family Support Act. American families all over the
world will thank you.
Ms. JACKSON-LEE of Texas.
Mr. Speaker, I rise today in strong support of H.R. 2476, the Foreign
Airline Family Disaster Assistance Act. This bill extends to foreign
airlines operating in the United States the same family assistance
requirements imposed upon U.S. airlines.
Following the July 1996 crash of TWA Flight 800 off the coast of Long
Island, Congress passed legislation requiring the National
Transportation Safety Board and all U.S. airlines to take certain
actions to compassionately address the needs of the families of airline
crash victims. This law applied to U.S. airlines only, however, and not
to foreign airlines--even if a foreign airline crashes in the United
States.
Since that time, the need to extend this legislation to foreign
airlines, has become clear. The pain, frustration, and turmoil
experienced by the families of the 228 victims of the August 1997
Korean Airlines Flight 801 crash in Guam brought this need home to us
all. At a time, when they were faced with immense grief and a terrible
loss, they were mired in an insensitive and unresponsive bureaucracy.
We hope that with the passage of H.R. 2476, we can forestall others
from suffering these same pains. This legislation will require foreign
airlines to submit to the Transportation Department and the National
Transportation Safety Board a plan for providing special assistance to
the families of victims of fatal airline crashes that occur in the
United States. Airlines would be required to publicize a reliable toll-
free number and provide staff to handle calls from family members.
Additionally, the airline would be required to notify families as soon
as possible, and in person when possible, of the fate of their loved
ones, using suitably trained individuals for this purpose. Airlines
would be required to provide passenger lists to the National
Transportation Safety Board's family advocate and to the Red Cross. The
airline would also be required to return a victim's personal effects to
the family
[[Page H10563]]
when requested to do so. An airline would be required to consult with
family members regarding any monuments to the victims that may be
built. Finally, airlines would be required to assist families in
traveling to the accident site, and to provide for their comfort while
there. Under the measure, airlines that do not meet this plan could be
denied permission to operate in the United States.
The loneliest people in the world are those left behind when their
loved ones are killed in such a tragic and terrible manner. These are
catastrophic accidents and while we are not always able to prevent such
disasters, we can vote now to ensure that families touched by such
tragedy will receive competent, compassionate, and efficient assistance
during their time of great need. I urge my colleagues to vote in
support of this compassionate legislation.
Mr. DUNCAN. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Tennessee [Mr. Duncan] that the House suspend the rules
and pass the bill, H.R. 2476, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________