[Congressional Record Volume 145, Number 163 (Wednesday, November 17, 1999)]
[Senate]
[Page S14746]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S14746]]
                       DEATH ON THE HIGH SEAS ACT

 Mr. McCain. Mr. President, most unfortunately it appears 
unlikely that House and Senate conferees will be able to reach 
agreement this year on a multi-year bill to reauthorize the Federal 
Aviation Administration. I am bitterly disappointed at Congress' 
inability to act on this legislation because of a number of 
parliamentary budget fights that ignore the dire need to pass this 
bill. Yet one of my most prominent disappointments is the likelihood 
that Congress' efforts to amend the Death on the High Seas Act will 
fall by the wayside in the short term. We will be forced to postpone 
out efforts to make damage recovery fair for all family members of 
aviation accident victims who have died.
  The Death on the High Seas Act is a 1920's-era law that was put in 
place to help compensate the wives of sailors who died at sea. The law 
allows survivors to recover pecuniary damages, or the lost wages of 
their relatives on whom they depended upon financially. Unlike modern 
tort law, the Death on the High Seas Act does not allow family members 
to recover for non-monetary damages, such as for pain and suffering, or 
to seek punitive damages.
  Despite its benevolent inception, the Death on the High Seas Act has 
been used to limit the recovery of damages among the families of 
airline passengers whose lives have been lost over international 
waters. The family members of those who died on TWA Flight 800 and 
EgyptAir Flight 990, for instance, will not be able to seek the same 
compensation that they would be entitled to if these accidents had 
occurred over land. The parents of children killed in these accidents 
cannot sustain a legal claim for damages, since they did not depend 
upon their children as the family breadwinners. That is an inequity and 
an unintended consequence that we need to fix.
  As I said earlier, Congress intended to fix these problems in the 
context of the FAA reauthorization bill, yet negotiations have stalled 
for unrelated reasons. Consequently, I want to pledge every effort to 
move Death on the High Seas Act legislation independently, as soon as 
possible next year.
  The Commerce Committee will hold additional hearings on this issue as 
soon as Congress reconvenes in 2000. I will take the lead in working 
with my colleagues to ensure that legislation to limit the application 
of the Death on the High Seas Act to aviation accidents moves as 
quickly as possible through Congress. I believe it enjoys enormous 
support within Congress. At the very least, it should not be bogged 
down in unrelated controversies.
  The families of aviation accident victims over international waters 
have waited far too long for Congress to make sure that their losses 
are accorded the same respect as those associated with accidents over 
land. Family members should know that their children have value in the 
eyes of the law. The recent aviation tragedies only highlight the need 
for prompt action.

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