[Congressional Record Volume 145, Number 159 (Thursday, November 11, 1999)]
[Extensions of Remarks]
[Pages E2371-E2372]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                 CT-43A FEDERAL EMPLOYEE SETTLEMENT ACT

                                 ______
                                 

                             HON. SAM FARR

                             of california

                    in the house of representatives

                      Wednesday, November 10, 1999

  Mr. FARR of California. Mr. Speaker, it has been three and a half 
years since my constituent, Adam Darling, died. He died on the same 
airplane that carried the late Secretary of Commerce, Ron Brown. 
Together, they and 33 others perished on the side of a cold, dark 
mountain outside of Tuzla, Croatia.
  Since that fateful day, the families of the victims of that crash 
have sought redress with the government, first through the Air Force, 
then through the Department of Commerce, and now with Congress. It is 
for that reason that today I and more than 30 bipartisan members of 
this body, introduce this bill. We introduce this bill in the name of 
justice and in the name of every person who died in this crash. And for 
me, I introduce this bill in the memory

[[Page E2372]]

of Adam Darling and all the energy and hope and spirit that emanated 
from his young, idealistic heart.
  Mr. Speaker, when TWA 800 went down, and more recently Egypt Air 990, 
the families of the victims on those planes are met with helping hands 
and offers of assistance. They are met with intensive investigations as 
to causes and apologies for events gone wrong. If the families are 
unsatisfied, they have recourse to means (namely the court system) to 
alleviate their loss.
  This was not true for everyone on the Ron Brown trip. Because this 
trip was government sponsored and occurred on a government aircraft, 
and because the crash happened on foreign soil, the victims on that 
plane were caught in a tremendous catch-22 that prevented their 
grieving families from seeking restitution for their loss. After 
extended negotiations, families of private citizens were awarded 
settlements from the Air Force.
  Families of deceased federal employees were not.
  Federal employees' survivors are not entitled to seek such 
restitution because the law provides only for those benefits within the 
scope of the Federal Employees Compensation Act (FECA). Even under 
situations where there may be clear cause, these persons are barred 
from the court system to argue their case.
  The victims of TWA 800 could go to TWA or the Boeing Company for 
redress. The victims of Egypt Air 990 could go Egypt Air or the Boeing 
Company for restitution. The victims of CT43-A have only their 
government to turn to, and their government has turned them down.
  This rejection is hurtful not because the law is so strict in its 
treatment of the victims. The rejection is hurtful because the post-
crash investigation found deliberate violation in the chain of command 
that allowed the airplane to fly the day of the crash; numerous safety 
deficiencies on the airplane; and overt aircrew error. When this much 
goes wrong, and when the wrongs are items that should never have 
happened had normal precautions been in place and standard operating 
procedures been followed, then there is every reason to ask for 
redress.
  The legislation being introduced today will provide $2 million to 
each family of the victims on the Ron Brown plane who were federal 
employees. This will provide some measure of confidence to the families 
that yes, the government that employed the victims cared about them, in 
their lives and in their deaths. I ask all of you to join with me today 
in making these families who lost so much know that the circumstances 
of their loved ones' deaths will be met with justice.

                          ____________________