[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 83 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
S. RES. 83

 Expressing the sense of the Senate regarding the settlement of claims 
  of citizens of Germany regarding deaths resulting from the accident 
  near Cavalese, Italy, on February 3, 1998, before the settlement of 
 claims with respect to the deaths of members of the United States Air 
  Force resulting from the accident off Namibia on September 13, 1997.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 1999

Mr. Thurmond submitted the following resolution; which was referred to 
                   the Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
 Expressing the sense of the Senate regarding the settlement of claims 
  of citizens of Germany regarding deaths resulting from the accident 
  near Cavalese, Italy, on February 3, 1998, before the settlement of 
 claims with respect to the deaths of members of the United States Air 
  Force resulting from the accident off Namibia on September 13, 1997.

Whereas on September 13, 1997, a German Luftwaffe Tupelov TU-154M aircraft 
        collided with a United States Air Force C-141 Starlifter aircraft off 
        the coast of Namibia;
Whereas as a result of that collision nine members of the United States Air 
        Force were killed, namely Staff Sergeant Stacey D. Bryant, 32, 
        loadmaster, Providence, Rhode Island; Staff Sergeant Gary A. Bucknam, 
        25, flight engineer, Oakland, Maine; Captain Gregory M. Cindrich, 28, 
        pilot, Byrans Road, Maryland; Airman 1st Class Justin R. Drager, 19, 
        loadmaster, Colorado Springs, Colorado; Staff Sergeant Robert K. Evans, 
        31, flight engineer, Garrison, Kentucky; Captain Jason S. Ramsey, 27, 
        pilot, South Boston, Virginia; Staff Sergeant Scott N. Roberts, 27, 
        flight engineer, Library, Pennsylvania; Captain Peter C. Vallejo, 34, 
        aircraft commander, Crestwood, New York; and Senior Airman Frankie L. 
        Walker, 23, crew chief, Windber, Pennsylvania;
Whereas the Final Report of the Ministry of Defense of the Defense Committee of 
        the German Bundestag states unequivocally that, following an 
        investigation, the Directorate of Flight Safety of the German Federal 
        Armed Forces assigned responsibility for the collision to the Aircraft 
        Commander/Commandant of the Luftwaffe Tupelov TU-154M aircraft for 
        flying at a flight level that did not conform to international flight 
        rules;
Whereas the United States Air Force accident investigation report concluded that 
        the primary cause of the collision was the Luftwaffe Tupelov TU-154M 
        aircraft flying at an incorrect cruise altitude;
Whereas procedures for filing claims under the Status of Forces Agreement are 
        unavailable to the families of the members of the United States Air 
        Force killed in the collision;
Whereas the families of the members of the United States Air Force killed in the 
        collision have filed claims against the Government of Germany; and
Whereas the United States Senate has adopted an amendment authorizing the 
        payment to citizens of Germany of a supplemental settlement of claims 
        arising from the deaths caused by the accident involving a United States 
        Marine Corps EA-6B aircraft on February 3, 1998, near Cavalese, Italy: 
        Now, therefore, be it
    Resolved, That it is the sense of the Senate that--
            (1) the Government of Germany should promptly settle with 
        the families of the members of the United States Air Force 
        killed in a collision between a United States Air Force C-141 
        Starlifter aircraft and a German Luftwaffe Tupelov TU-154M 
        aircraft off the coast of Namibia on September 13, 1997; and
            (2) the United States should not make any payment to 
        citizens of Germany as settlement of such citizens' claims for 
        deaths arising from the accident involving a United States 
        Marine Corps EA-6B aircraft on February 3, 1998, near Cavalese, 
        Italy, until a comparable settlement is reached between the 
        Government of Germany and the families described in paragraph 
        (1) with respect to the collision described in that paragraph.
                                 <all>