[Congressional Record Volume 145, Number 20 (Thursday, February 4, 1999)]
[Extensions of Remarks]
[Page E137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page E137]]



                    THE AIRLINE DISASTER RELIEF ACT

                                 ______
                                 

                           HON. DON SHERWOOD

                            of pennsylvania

                    in the house of representatives

                       Thursday, February 4, 1999

  Mr. SHERWOOD. Mr. Speaker, I rise to introduce the Airline Disaster 
Relief Act, a measure which clarifies the legal rights of airline 
disaster victim's families. This bill is about fairness. It's about 
providing justice in our legal system to families who suffer the loss 
of a loved one in an aviation accident over the ocean. This same Act 
was passed overwhelmingly by the House of Representatives during the 
105th Congress.
  On July 17, 1996, 230 people lost their lives in the tragic crash of 
TWA Flight 800. Among the victims were 21 people from Montoursville, 
Pennsylvania, a small community in my district. The people of 
Montoursville were brutally impacted by the sudden loss of 16 high 
school students and five chaperones who were flying to France to enrich 
their educational experience. For the families of the victims aboard 
Flight 800, this tragedy has been made worse by the Supreme Court's 
application of an antiquated maritime law, known as the Death on the 
High Seas Act of 1920.
  The Supreme Court decided in Zicherman v. Korean Airlines, that the 
Death on the High Seas Act applies to lawsuits that arise when an 
aircraft has crashed in the ocean more than a marine league from land. 
This interpretation would prevent the families of the TWA 800 victims 
from receiving the just compensation they are entitled to under state 
law. This decision treats families differently depending on whether 
their relative died in an aircraft that crashed into the ocean or one 
that crashed into land. If the plane crashes into the ocean, the Death 
on the High Seas Act applies and the family is entitled only to seek 
pecuniary damages before a U.S. District Court Judge with no jury. 
However, if a plane crashes into the land or within 3 miles of land, 
the applicable State tort law would apply. State tort laws generally 
allow compensation for loss of companionship, loss to society, pain and 
suffering in addition to lost income.
  Today, however, when state tort law has progressed to a point where 
value is placed on human life, the application of this skewed statute 
is viewed as inequitable, unfair and inhumane. This is particularly 
true in the death of children since children are generally not economic 
providers for their families. Thus, family members would receive 
minimal compensation for the loss of a loved one who was not a wage 
earner or ``bread winner.'' Because of this arbitrary line, 
legislatively drawn in the ocean, the surviving family members in this 
case are being dealt a cruel blow. No parent should be told by our 
nation's legal system that longitude and latitude will determine the 
value of their child or determine their rights in a court of law. Many 
family members of TWA 800 victims feel that the application of the 
Death on the High Seas Act makes the life of their child or loved one 
appear worthless in the eyes of the law.
  For this reason, I introduced this measure which will negate the 
application of the Death on the High Seas Act to air disaster cases. My 
bill would amend the Federal Aviation Act so that airline disasters at 
sea are treated the same as incidents on land. The gross injustice of 
the Death on the High Seas Act must be changed. Where a plane crashed 
should not dictate our rights in a court of law.
  Both the Supreme Court and The White House Commission on Aviation 
Safety and Security recommend that Congress correct these inequities. 
Additionally, the Congressional Budget Office estimates that there will 
be no costs associated with the implementation of this Act. It is time 
to bring justice to the application of federal laws which regulate 
airline disaster claims. Passage of the Airline Disaster Relief Act 
will be an important step in achieving this objective. I urge my 
colleagues to overwhelmingly approve this bill.

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