Good morning Chairman Koetje and members of the Subcommittee. I appreciate your invitation to discuss family assistance at the Detroit Metro Airport in the aftermath of an aviation disaster. With me today is Erik Grosof, from my office.

The National Transportation Safety Board is an independent Federal agency charged by Congress to investigate transportation accidents, determine the probable cause, and make recommendations to prevent their recurrence. In addition, following passage of the Aviation Disaster Family Assistance Act (ADFA) of 1996 and the Foreign Air Carrier Act of 1997, the Board is also mandated with the responsibility to coordinate the provision of Federal services to the families of the victims of these disasters.

Mr. Chairman, I would first like to provide the Committee with a brief history regarding the adoption of the ADFA of 1996 and a federal response plan. I believe this will help clarify our concerns regarding the Detroit Airport plan.

In January 1995, the Board's chairman met with family members of the victims from the crash of USAir flight 427 that occurred September 8, 1994, near Pittsburgh, Pennsylvania, at their request, to hear their concerns regarding the lack of assistance provided immediately following the tragedy. Family members relayed to him stories of inadequate support and insensitive actions on the part of the air carrier and others. Following this meeting, the chairman scheduled a series of meetings with family members impacted by other recent tragedies, representatives of air carriers and aviation organizations, and Department of Transportation officials to listen to, understand, and document the concerns and problems encountered.

After the initiation of these meetings, in 1996 we once again watched as a nation the aftermath of two aviation disasters -- the crash of Valujet flight 592 in the Florida Everglades, and the crash of TWA flight 800 off the coast of Long Island. These were horrific tragedies affecting hundreds -- if not thousands -- of family members, with no coordinated response. It was clear to everyone that the many organizations and individuals who responded were committed to helping -- the difficulty once again was that there was no single agency responsible for coordinating the efforts.

On September 9, 1996, President William J. Clinton signed a Presidential Executive Memorandum that asked the NTSB to coordinate federal services to family members of major transportation disasters, and directed other federal agencies to work with the Board regarding this effort. This was followed by the passage of the ADFA of 1996.

In the 1996 law, Congress required the formation of a task force that was charged with establishing guidelines and make recommendations regarding assistance to the families of passengers involving in an aviation disaster. The task force was comprised of family members, representatives from the airlines, federal agencies and non-profit organizations such as the American Red Cross. The recommendations of the task force were incorporated into the Federal Response Plan for Aviation Disasters.

The intent of the law is to pull together the resources of the federal government and other identified organizations in support of the airlines and local authorities who traditionally have had the responsibility of meeting the needs of aviation disaster victims and their families. It was not the intent of the law, nor is it the Safety Board's intent, to "take over" the operation, but instead to work with everyone to coordinate the delivery of needed services.

Under the Act, the air carrier has certain requirements. Each air carrier must submit to the Secretary of Transportation and the Chairman of the NTSB a plan for addressing the needs of families of passengers involving an aircraft of the air carrier and resulting in a major loss of life. These plans must include, at a minimum, the following:

· A plan for publicizing a reliable toll-free number and providing staff to handle calls from family members.

· A process for notifying families of passengers before any public notice of the names of the passengers.

· An assurance that the notice described above will be provided as soon as the air carrier has verified that the passenger was aboard the aircraft.

· The air carrier will provide to the Safety Board's Director of Family Support Services and to the American Red Cross, upon request, a list of the names of the passengers.

· An assurance that the family of each passenger will be consulted about the disposition of all victim remains and personal effects of the passenger.

· If requested by the family of a passenger, any possession of the passenger within the control of the air carrier (regardless of its condition) will be returned to the family unless possession is needed for the investigation.

· Any unclaimed possession of a passenger will be retained for at least 18 months.

· Family members will be consulted about the construction by the air carrier of any monument to the passengers, including any inscription on the monument.

· The air carrier will work with any organization designated under the law on an ongoing basis to ensure the families receive an appropriate level of services and assistance.

· An assurance that the air carrier will assist the family of a passenger in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location.

We have worked diligently over the last five years to develop a plan that supports family members. In collaboration with many federal agencies and numerous air carriers, we have attempted to understand the needs of families and respond in a compassionate and sensitive manner through a coordinated effort. Since passage of the 1996 law, the Safety Board's Family Affairs staff has responded to numerous transportation disasters, including the crashes involving EgyptAir flight 990 and Alaska Air flight 261, and we have provided assistance to family members from around the world affected by these terrible events. Everyone agrees that this is not just the "right thing to do." It is how all of us in this room would want our families treated should such an unfortunate event ever happen to us.

The Safety Board became aware of difficulties at the Detroit Metro Airport through conversations with air carriers doing business there. They perceived that requirements by Wayne County regarding family assistance activities appeared to be in direct conflict with the Aviation Disaster Family Assistance Act.

We contacted Wayne County via letter and arranged for a meeting in February of this year to discuss these concerns. It was our hope that this was simply a lack of education and/or understanding. Unfortunately, it became clear during our meeting that this was not the case. Wayne County officials viewed the Federal law and the participation of the Board's office of Family Affairs as optional.

It is our present understanding that if an aviation disaster occurs at the Detroit airport, county officials will execute their plan, which we believe will impede both the responsibility of the Safety Board and the air carrier. The county's plan would, in effect, take us back to a time before the passage of the legislation, a time of chaos and extreme difficulty for affected family members. Family members of aviation accident victims have worked hard over the years to ensure that the time of chaos is gone, and that, although no one wants to experience such a horrific occurrence, that the very things that family members experienced prior to passage of the ADFA would never happen to anyone again.

While airports are not mandated by law to do anything involving family affairs following an aviation disaster, they do and should play a crucial role in assistance to victims and family members. Family members are often already at the airport or they go to the airport hoping for information regarding their loved one. The airport "sets the stage" for the operation because they often make the first contact with family members. In this regard, airport and local officials should be working with the air carriers for guidance -- not dictating direction -- on what should be done immediately following an aviation disaster.

Because of the airport's crucial role immediately following an aviation disaster, the Board's family affairs staff has traveled around the country to work with and educate numerous airport personnel. At many airports we have assisted with their plans and helped train their personnel. Just last month, the Safety Board co-sponsored a symposium with the American Association of Airport Executives entitled "NTSB/AAAE Airport Family Assistance Workshop." Representatives from Wayne County did not attend this symposium.

In 1999, the Safety Board worked with the Federal Aviation Administration to publish an information circular regarding family assistance which was distributed to all airports. There has been an atmosphere of cooperation everywhere, and clearly a commitment in doing what is right. In an operation with the size and complexity of a major transportation accident, it takes everyone working together to do the right thing. Family members of aviation disasters deserve no less.

While I understand that Wayne County and all individuals responsible for airport emergency response must plan for all types of aviation disasters, Wayne County's plan, written three years after passage of the Act, does not incorporate any of the changes brought about by the law. For example, in the Preamble it states that the Safety Board response is optional. It goes on to state "... the NTSB does not have the capability to effectively perform these responsibilities immediately following an aircraft disaster. However, hours or days after an accident, the NTSB may request to assume some, or all, of these responsibilities from the County. In such cases, the NTSB's request will be granted by the County Executive only upon the NTSB demonstrating that it has sufficient on site resources to independently perform these responsibilities." This is certainly not our interpretation of the law. Let me address a few of the key concerns raised by the plan:

•  The county plans to secure a facility for the Family Assistance Center. This function is part of the airlines' plan. Without coordination of this effort, everyone would be competing for the same facility.
  
  
•  There is reference in the plan in several locations about family members being escorted into the forensic work area. Because of the nature of an aviation disaster, victims are not usually viewable. Even discussing the possibility of viewing could result in unnecessary trauma to family members.
  
  
• The county plan calls for mental health professionals to triage all family members and passengers and to issue a green tag to persons whose mental state appears sufficiently stable, and a yellow tag to all persons whose mental status is deemed unstable. According to the county plan, these tags would be attached to the outside clothing above the waist. Mr. Chairman, these are people who, have just lost a loved one, and now are being publicly identified by the county as unstable. This a violation of the Act, which requires that the NTSB appoint a non-profit agency to provide family care and mental health, but is also a violation of an individuals right to privacy.

In the unfortunate event that an accident occurs at Michigan's largest gateway airport, we hope that as the nation and the world watch, they will see a coordinated, responsive effort to assist victims and their family members at perhaps the darkest, most difficult moment of their lives.

We appreciate your concern regarding this matter, and we remain ready to assist and hopeful that progress can be made. Thank you for providing me with the opportunity to discuss this important matter with you. I would be happy to answer any questions you might have.