[Congressional Record (Bound Edition), Volume 145 (1999), Part 5]
[Extensions of Remarks]
[Page 6208]
[From the U.S. Government Publishing Office, www.gpo.gov]




        INTRODUCTION OF THE RON BROWN TORT EQUALITY ACT OF 1999

                                 ______
                                 

                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                         Monday, April 12, 1999

  Ms. NORTON. Mr. Speaker, we are reintroducing the Ron Brown Tort 
Equality Act today because it is the first opportunity to commemorate 
the third anniversary of the tragically needless crash of the plane 
carrying Commerce Secretary Ron Brown and 34 others in Croatia. 
Congress was out of session on the actual anniversary date, April 3rd 
of this year. This uniquely poignant accident will be remembered as a 
singular American tragedy. It is still hard to believe that 33 
Americans and two Croatians were killed in a crash that our government 
could have prevented. The 33 Americans on board that plane were from 
California, Connecticut, the District of Columbia, Florida, Illinois, 
Louisiana, Maryland, Massachusetts, Michigan, New Hampshire, New 
Jersey, New York, Pennsylvania, Texas, Virginia, and West Virginia. 
Since the crash, my cosponsors and I have regarded it as a solemn 
obligation to accomplish two purposes: (1) help secure damages for a 
loss that can never be repaid, and (2) help see that no such accident 
occurs again.
  We reintroduce the bill today spurred on by the vigilance of the 
families who lost their loved ones in the crash and who are intent on 
preventing other such tragedies. Since the last introduction of the 
bill on April 15, 1997, the families have been invaluable allies in 
helping us gain cosponsors and in keeping this bill alive. Just last 
week, members of the families met with congressional staff from the 
offices of cosponsors and me in a valuable strategy session. One result 
of that meeting and of further consultations with the families is the 
reintroduction of the Ron Brown tort Equality Act of 1999 today.
  The families deserve more than the official funerals, the much 
deserved tributes, and our continuing grief. They deserve more than the 
insult to their injury that would remain if the law are not altered in 
light of the tragedy and families are not fully compensated. I believe 
that the Congress eventually will do the right thing and that the 
President will sign the right bill.
  The Air Force Accident Investigation Board report was honest and 
forthcoming. It concluded that the accident resulted from the 
negligence of federal employees involving three independent causes, 
``any one of which had it not existed would have prevented the 
accident.'' The command gave authorization to flight procedures that 
had not been properly reviewed and approved; the aircrew made errors in 
planning and executing the flight; and the approach to the airport was 
improperly designated. In addition, inadequate training was a 
substantial contributing factor. When negligence is this pronounced, 
compensating the victims also has a deterrent effect on those 
responsible for assuring that such serious negligence is not repeated.
  Thus far, however, there have been few indications that federal 
authorities are serious about assuring that no such tragedy occurs 
again. Two Article 15 disciplinary actions, two letters of reprimand, 
and 12 other actions were taken against particular officers. Is this 
all that our government can do? Following the shocking crash in 
Croatia, is this the extent of the federal obligation?
  First, for the families of civilian federal employees, there is the 
obligation to do more than grant a few thousand dollars through the 
Federal Employee Compensation program. Our obligation is to amend the 
law to reach the very few instances of gross negligence, like this 
horrendous crash, that may occur. The bill would allow federal civilian 
employees or their families to sue the federal government but only for 
gross negligence by its officers or employees. Because there will be 
few instances where gross negligence can be shown, this is a small 
change in our law. This change will allow the families of federal 
employees to seek the compensation they have every right to expect 
while leaving the integrity of the federal government's worker 
compensation system intact.
  There also were non-federal employees on that fated plane for whom no 
compensation is possible today. Astonishingly, federal law does not 
allow compensation when private citizens are killed or injured 
overseas. The failure of the Federal Tort Claims Act to allow for any 
compensation for civilians is either callous or an oversight in the 
law, and I believe that it is in need of correction. After all, private 
citizens can sue under the Act for the same injuries when they occur in 
this country. My bill would allow individuals who do not work for the 
federal government, or their families, to sue the United States for 
negligent or wrongful acts or omissions that occur in a foreign 
country.
  We also introduce the bill because we know our government would want 
to deter such accidents in the future. We especially introduce this 
bill today for the families of those killed with Ron Brown on April 3, 
1996, and I urge the Congress to pass this bill this session. The 
families who lost their loved ones deserve nothing less.

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