[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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