III

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 Ser-
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•SRES 83 IS

geant 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
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•SRES 83 IS

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

1 Resolved, That it is the sense of the Senate that—

2 (1) the Government of Germany should prompt3 ly settle with the families of the members of the

4 United States Air Force killed in a collision between

5 a United States Air Force C–141 Starlifter aircraft

6 and a German Luftwaffe Tupelov TU–154M aircraft

7 off the coast of Namibia on September 13, 1997;

8 and

9 (2) the United States should not make any pay10 ment to citizens of Germany as settlement of such

11 citizens’ claims for deaths arising from the accident

12 involving a United States Marine Corps EA–6B air13 craft on February 3, 1998, near Cavalese, Italy,

14 until a comparable settlement is reached between the

15 Government of Germany and the families described

16 in paragraph (1) with respect to the collision de17 scribed in that paragraph.

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