[Congressional Record Volume 145, Number 33 (Wednesday, March 3, 1999)]
[House]
[Pages H898-H899]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PROVIDING FOR CONSIDERATION OF H.R. 603, CLARIFYING THE APPLICATION OF 
        THE ``DEATH ON THE HIGH SEAS ACT'' TO AVIATION INCIDENTS

  Mr. HASTINGS of Washington. Mr. Speaker, by direction of the 
Committee on Rules, I call up House Resolution 85 and ask for its 
immediate consideration.
  The Clerk read the resolution, as follows:

                               H. Res. 85

       Resolved, That at any time after the adoption of this 
     resolution the speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 603) to amend title 49, United States code, to 
     clarify the application of the Act popularly known as the 
     ``Death on the High Seas Act'' to aviation incidents. The 
     first reading of the bill shall be dispensed with. General 
     debate shall be confined to the bill and shall not exceed one 
     hour equally divided and controlled by the chairman and 
     ranking minority member of the Committee on Transportation 
     and Infrastructure. After general debate the bill shall be 
     considered for amendment under the five-minute rule. Each 
     section of the bill shall be considered as read. During 
     consideration of the bill for amendment, the chairman of the 
     Committee of the Whole may accord priority in recognition on 
     the basis of whether the Member offering an amendment has 
     caused it to be printed in the portion of the Congressional 
     Record designated for that purpose in clause 8 of rule XVIII. 
     Amendments so printed shall be considered as read. The 
     chairman of the Committee of the Whole may: (1) postpone 
     until a time during further consideration in the Committee of 
     the Whole a request for a recorded vote on any amendment; and 
     (2) reduce to five minutes the minimum time for electronic 
     voting on any postponed question that follows another 
     electronic vote without intervening business, provided that 
     the minimum time for electronic voting on the first in any 
     series of questions shall be 15 minutes. At the conclusion of 
     consideration of the bill for amendment the Committee shall 
     rise and report the bill to the House with such amendments as 
     may have been adopted. The previous question shall be 
     considered as ordered on the bill and amendments thereto to 
     final passage without intervening motion except one motion to 
     recommit with or without instructions.

  The SPEAKER pro tempore (Mr. Foley). The gentleman from Washington 
(Mr. Hastings) is recognized for 1 hour.
  Mr. HASTINGS of Washington. Mr. Speaker, for purposes of debate only, 
I yield the customary 30 minutes to the distinguished gentleman from 
Ohio (Mr. Hall), pending which I yield myself such time as I may 
consume. During consideration of this resolution, all time yielded is 
for purposes of debate only.
  (Mr. HASTINGS of Washington asked and was given permission to revise 
and extend his remarks.)
  Mr. HASTINGS of Washington. Mr. Speaker, House Resolution 85 is an 
open rule providing 1 hour of general debate. It would be equally 
divided and controlled between the chairman and the ranking member of 
the Committee on Transportation and Infrastructure.
  The rule provides that each section of the bill shall be considered 
as read. Furthermore, the rule authorizes the Chair to accord priority 
in recognition to members who have preprinted their amendments in the 
Congressional Record.
  The rule also permits the chairman of the Committee of the Whole to 
postpone votes during consideration of the bill, and to reduce voting 
time to 5 minutes on a postponed question if the vote follows a 15-
minute vote. Finally, the rule provides for 1 motion to recommit, with 
or without instructions.
  Mr. Speaker, House Resolution 603, reported by the Committee on 
Transportation and Infrastructure, would clarify that the Death on the 
High Seas Act shall not be the controlling law in lawsuits arising from 
aviation crashes into the high seas.
  The purpose of this legislation is to ensure that families of 
passengers killed in airline disasters are not treated differently 
under law depending on whether the aircraft crashed over land or water.
  This discrepancy arises from a Supreme Court ruling in Zicherman 
versus Korean Airlines that applied the Death on the High Seas Act to 
lawsuits related to crashes over the ocean. Under the Death on the High 
Seas Act, Mr. Speaker, families are denied the ability to seek 
compensation in a court of law for such noneconomic factors as a loss 
of companionship of a loved one, relatives' pain and suffering, or for 
punitive damages. Under existing law, for example, parents receive 
virtually no compensation in the death of a child. On the other hand, 
if a plane crashes over land, State tort laws usually apply, offering a 
broader range of legal remedies to surviving family members.
  Mr. Speaker, the gentleman from Pennsylvania (Mr. Sherwood) and his 
colleagues on the Committee on Transportation and Infrastructure have 
made this legislation an early priority this session, and have 
requested an open rule, which was granted by the Committee on Rules 
without dissent.
  Accordingly, I encourage my colleagues to support House Resolution 
85, and I reserve the balance of my time.
  Mr. HALL of Ohio. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, this is an open rule. It will allow for full and fair 
debates on H.R. 603. As my colleague has described, it will allow for 1 
hour of general debate, to be equally divided and controlled by the 
chairman and ranking minority member of the Committee on Transportation 
and Infrastructure. The rule permits amendments under the 5-minute 
rule, which is the normal amending process in the House. All Members on 
both sides of the aisle will have the opportunity to offer germane 
amendments.
  H.R. 603 would allow the families of ocean plane crash victims the 
same rights to file lawsuits as when the crash takes place on land. It 
was introduced in response to TWA Flight 800, which crashed off the 
coast of New York in 1996. In 1997, the House passed a similar bill by 
a voice vote under suspension of the rules, but the Senate failed to 
take action on the bill.
  This is an open rule. It was adopted by a voice vote of the Committee 
on Rules. I urge adoption of the rule and of the bill.

[[Page H899]]

  Mr. Speaker, I yield back the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield back the balance of 
my time, and I move the previous question on the resolution.
  The previous question was ordered.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

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