II

106TH CONGRESS

1ST SESSION S. 1957

To provide for the payment of compensation to the families of the Federal

employees who were killed in the crash of a United States Air Force

CT–43A aircraft on April 3, 1996, near Dubrovnik, Croatia, carrying

Secretary of Commerce Ronald H. Brown and 34 others.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 18, 1999

Mr. SCHUMER (for himself, Mr. ROBB, and Ms. MIKULSKI) introduced the following bill; which was read twice and referred to the Committee on

Armed Services

A BILL

To provide for the payment of compensation to the families

of the Federal employees who were killed in the crash

of a United States Air Force CT–43A aircraft on April

3, 1996, near Dubrovnik, Croatia, carrying Secretary

of Commerce Ronald H. Brown and 34 others.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘CT–43A Federal Em5 ployee Settlement Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds the following:
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1 (1) On April 3, 1996, Secretary of Commerce

2 Ronald H. Brown embarked on a mission to Croatia

3 to build trade ties and provide economic assistance

4 to the former Yugoslavia as part of the United

5 States commitment to bring lasting peace to Bosnia6 Herzegovina and Croatia. Accompanying Secretary

7 Brown were numerous United States Government

8 officials and high-ranking representatives of United

9 States infrastructure and economic development in10 terests.

11 (2) The Department of Defense provided Sec12 retary Brown and his party a United States Air

13 Force CT–43A aircraft and crew for transport pur14 poses.

15 (3) On April 3, 1996, the aircraft carrying Sec16 retary Brown and his party crashed into a moun17 tainside near Dubrovnik, Croatia, while attempting

18 an instrument approach into the Cilipi Airport (serv19 ing Dubrovnik).

20 (4) The crash resulted in the death of all 35

21 persons aboard, as well as the loss of the aircraft

22 and personal effects of the crew and passengers.

23 (5) The Air Force investigation into the crash

24 concluded that the accident was caused by a failure
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1 of command, aircrew error, and an improperly de2 signed instrument approach procedure.

3 SEC. 3. COMPENSATION FOR FAMILIES OF FEDERAL CIVIL4 IAN EMPLOYEES.

5 (a) REQUIREMENT TO MAKE PAYMENTS.—The Sec6 retary of the Air Force shall pay, from amounts available

7 to the Air Force for the payment of claims, the amount

8 of $2,000,000 to the specified beneficiary of each of the

9 14 Federal civilian officers and employees killed in the

10 crash of a United States Air Force CT–43A aircraft on

11 April 3, 1996, near Dubrovnik, Croatia.

12 (b) DEADLINE.—The Secretary shall make each pay13 ment required by subsection (a) not later than 90 days

14 after the date of the enactment of this Act.

15 (c) SPECIFIED BENEFICIARIES.—For the purposes of

16 this section, the specified beneficiary of a Federal civilian

17 officer or employee described in subsection (a) is deter18 mined in the manner specified in section 5582(b) of title

19 5, United States Code. If in the case of any such officer

20 or employee there is more than one such beneficiary, the

21 payment required by subsection (a) shall be paid in equal

22 shares to those beneficiaries.

23 (d) RELATIONSHIP TO OTHER PAYMENTS.—The

24 amount payable under this section with respect to the

25 death of a Federal civilian officer or employee shall be re-
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1 duced by any amount (other than a statutory death gra2 tuity for burial benefits) previously determined to be pay3 able by the United States (under section 127 or chapter

4 163 of title 10, United States Code, or any other provision

5 of law for administrative settlement of claims) by reason

6 of the death of that officer or employee.

7 (e) FULL SETTLEMENT OF CLAIMS.—Acceptance by

8 a specified beneficiary of a payment under this section

9 constitutes full settlement of all claims by that person

10 against the United States arising from the death of the

11 officer or employee with respect to whom the payment is

12 made.

13 (f) CONSTRUCTION.—The payment of an amount

14 under this section may not be considered to constitute a

15 statement of legal liability on the part of the United States

16 or otherwise as evidence of any material fact in any judi17 cial proceeding or investigation arising from the accident

18 described in subsection (a).

19 (g) LIMITATION ON ATTORNEY FEES.—Notwith20 standing any contract, no representative of a beneficiary

21 may receive more than 10 percent of a payment made

22 under this section for services rendered in connection with

23 the beneficiary’s claim for that payment. Any person who

24 violates this subsection shall be guilty of an infraction and
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1 shall be subject to a fine in the amount provided in title

2 18, United States Code.

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