[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.

                          ____________________