White House Commission Status Report: Responding to Aviation Disasters

WHITE HOUSE COMMSSION ON AVIATION SAFETY AND SECURITY
THE DOT STATUS REPORT

4. Responding to Aviation Disasters

4.1--The National Transportation Safety Board (NTSB) should finalize by April 1997 its coordinated federal response plan to aviation disasters, and Congress should provide the NTSB with increased funding to address its new responsibilities.

The NTSB has finalized a federal plan to respond to commercial aviation disasters. The plan has been implemented in four aviation disasters, including the Korean Air 801 disaster on August 6, 1997, in Guam. The NTSB has filled the seven Congressionally appropriated staff positions to carry out its family assistance responsibilities. The new program's needs have been incorporated in the NTSB's budget process. Other departments, including Justice, Defense, Transportation, Health & Human Services, and FEMA, are providing NTSB with logistical and personnel support needed to fulfill the NTSB Family Support role.

4.2--The Department of Transportation should coordinate the development of plans for responding to aviation disasters involving civilians on government aircraft.

The White House Commission recognized that the families of those who gave their lives serving their countries should receive assistance comparable to that provided to the families of passengers affected by commercial aviation disasters. The Department led an interagency working group (IWG) to review governmental policies on this subject. The Department has also met with the families of those who have lost loved ones on government aircraft to determine how the government can better its response to their needs. The IWG prepared a statement of rights and benefits to be distributed to civilians who board government aircraft; evaluated existing laws and regulations which affect those involved in aviation disasters involving government aircraft; and proposed a model plan for agencies to incorporate in providing assistance to families.

4.3--The Department of Transportation and the NTSB should implement key provisions of the Aviation Disaster Family Assistance Act of 1996 by March 31, 1997.

The Secretary’s Task Force on the Assistance to Families of Aviation Disasters was appointed on March 5, 1997. Secretary Slater and Chairman Hall co-chaired the Task Force. The Task Force held nine public meetings to examine issues relating to the assistance provided to families -- both by the airlines and the federal government -- as outlined in both the Aviation Disaster Family Assistance Act ("Act") as well as within this recommendation. The Task Force issued its report containing 61 recommendations to Congress and the Vice President in October 1997. Both the federal government and the industry are implementing many of the Task Forces' recommendations.

166 U.S. air carriers have filed Family Assistance Plans with the DOT and NTSB on their plans to assist families in the event of an aviation disaster. The DOT and NTSB are now working with over 300 foreign air carriers as they prepare to file Family Assistance Plans, which are due in June 1998.

4.4--The United States Government should ensure that family members of victims of international aviation disasters receive just compensation and equitable treatment through the application of federal laws and international treaties.

Legislation has been introduced in the Congress to ensure equitable treatment for families of passengers involved in international aviation disasters. The Department is supporting legislation to amend the Death on the High Seas Act which would enable the family members of those killed in international aviation disasters to obtain fair compensation.

4.5-- Provisions should be made to ensure the availability of funding for extraordinary cost associated with accident response.

At the request of the Congress, the DOT and the NTSB will submit a report to the Congress on methods to ensure that necessary and appropriate funds are available to federal, state and local governments in the event of an aviation disaster. These funds would be used primarily in the recovery and identification of the remains of disaster victims. The NTSB is also examining issues related to payment to local governments for their extraordinary costs with disaster response.

4.6--Federal agencies should establish peer support programs to assist rescue, investigative, law enforcement, counseling and other personnel involved in aviation disaster response.

The Interagency Work Group headed by DOT on how to assist families involved in aviation disasters on government aircraft is also examining how peer support programs be established within Federal agencies to assist both families of civilians killed on government aircraft as well as the agencies' employees responding to the disaster. The FAA has already modified its employee-counseling program to add a peer-support component for FAA employees and their families involved in aviation disasters.

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