[Congressional Record (Bound Edition), Volume 145 (1999), Part 5]
[Senate]
[Pages 7287-7288]
[From the U.S. Government Publishing Office, www.gpo.gov]




SENATE RESOLUTION 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

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

                               S. Res. 83

       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,

[[Page 7288]]

     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.

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