[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[Senate]
[Pages S12704-S12705]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMENDING TITLE 49, UNITED STATES CODE, REGARDING THE NATIONAL
TRANSPORTATION SAFETY BOARD
Mr. NICKLES. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of H.R. 2476, which was received
from the House.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
A 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.
The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the bill.
Mr. McCAIN. Mr. President, I am pleased that the Senate has turned to
H.R. 2476, the Foreign Air Carrier Family Support Act. I urge its
immediate adoption. H.R. 2476 is virtually identical to legislation
that I introduced earlier in the year, and that the Commerce Committee
approved in September. I commend my committee colleagues--especially
Senators Gorton, Hollings, and Ford--for working with me on this issue.
In particular, I want to recognize Representative Underwood, who
spearheaded this effort in the House.
It was the tragic crash of Korean Air Flight 801 in Guam that brought
the need for this legislation into focus. The bill would require a
foreign air carrier that wants permission to operate in the United
States to develop a family assistance plan, in the event of an accident
on U.S. soil.
Specifically, the foreign air carrier would be required to provide
the Secretary of Transportation and the chairman of the National
Transportation Safety Board [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 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 requisite family assistance plan 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 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.
The legislation would build on the family assistance provisions that
Congress enacted last year as part of the Federal Aviation
Reauthorization Act
[[Page S12705]]
of 1996. Domestic air carriers are already operating under the same
legislative requirements set out in the legislation before us.
Again, it was the unfortunate confusion and heartache surrounding the
tragic airline crash in Guam that demonstrated the need for this bill.
I urge immediate adoption of the Foreign Air Carrier Family Support
Act.
Mr. HOLLINGS. Mr. President, I want to thank Congressman Underwood of
Guam for pursuing H.R. 2476. The bill, virtually identical to a bill
reported by the Commerce Committee, S. 1196, puts the same burden on
foreign air carriers serving the United States as those now imposed on
U.S. carriers when dealing with the families affected by aviation
disasters. Under existing law, U.S. carriers must develop and submit
plans to the Department of Transportation and the National
Transportation Safety Board on how they will address the needs of the
families of victims of disasters. The law today does not include
foreign air carriers, and thus, H.R. 2476 is needed.
The bill is supported by the Administration, and I support its
adoption. What we are asking all of the carriers to do is treat people
fairly. The U.S. carriers have already been asked to do it, and now we
are asking the foreign air carriers to do it. All carriers, foreign or
U.S., should be prepared to deal with the families and to provide them
with the kinds of assistance they have every reason to expect. H.R.
2476 ensures that this will happen. I urge the Senate to pass this
bill.
Mr. GORTON. Mr. President, I rise to join Senator McCain, Senator
Hollings, and Senator Ford in urging that we immediately adopt H.R.
2476, the Foreign Air Carrier Family Support Act. I also recognize
Representative Underwood's efforts to facilitate this legislation
following the recent crash of Korean Air Flight 801 in Guam, which
killed more than 200 people.
As Senator McCain stated, last year the Congress approved almost
identical legislation that required domestic air carriers to establish
a disaster support plan for the families of aviation accident victims.
The legislation we are now considering would extend this requirement to
foreign air carriers if they have an accident on American soil.
I would note that the Family Assistance Task Force strongly supports
this legislation. The task force, which Congress established to find
new ways to assist family members and others devastated by an airline
crash, recently voted unanimously to endorse this act. The task force
also asked that Congress pass this legislation as expeditiously as
possible.
It is unfortunate that airline accidents often provide the impetus to
make improvements. The Flight 801 tragedy clearly showed the need to
improve planning to assist family members when a foreign airline
crashes on American soil. Despite the best efforts of the National
Transportation Safety Board and others, the family members of Flight
801 accident victims would have been better served if a plan had been
in place.
As we all know, the news of an air disaster spreads quickly. The
media is often reporting about a crash as soon as, if not before, the
rescue teams reach the scene. This legislation provides a framework to
ensure that family members receive proper assistance. Among other
things, foreign airlines would be required to have a plan 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 a crashed aircraft. These are basic services that anyone
should receive.
Hopefully, it will never be necessary for any foreign airline to use
the plans required under this act. In the event of an accident,
however, family members of victims are due the consideration and
compassion that this legislation provides.
Again, I want to thank Senator McCain for moving this legislation
quickly, and I would urge that we now adopt the Foreign Air Carrier
Family Support Act.
Mr. FORD. Mr. President, on August 5, 1997, Korean Air flight 801
crashed into a hillside on Guam, killing 228. We worked with Chairman
McCain and our House colleagues last year to enact legislation
requiring U.S. air carriers to develop plans to address the needs of
families following an aviation disaster. The 1996 Federal Aviation
Administration [FAA] Reauthorization Act (P.L. 104-264), however, did
not impose a similar requirement on foreign carriers serving the United
States.
Section 703 of the FAA Reauthorization Act specifically requires that
the air carrier submit disaster plans to the Secretary of
Transportation and the National Transportation Safety Board. The plans
must include items such as a means to publicize toll-free telephone
numbers for the families, a process for notifying families, an
assurance that the families be consulted on the disposition of remains
and personal effects, and a requirement that the carrier work with
other organizations in dealing with the disaster.
Congressman Underwood of Guam originally introduced H.R. 2834 on the
House side, and a corresponding bill, S. 1196, was introduced in the
Senate to subject foreign carriers serving the United States to the
requirements mentioned above. The Senate bill was considered and
reported by the Commerce Committee.
I urge my colleagues to support the passage of H.R. 2834 so the
President can sign this bill.
Mr. NICKLES. Mr. President, I ask unanimous consent that the bill be
considered read the third time, and passed, the motion to reconsider be
laid upon the table, and that any statements relating to the bill be
printed in the Record at the appropriate place.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 2476) was considered, read the third time, and passed.
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