Provides that acceptance of such payment constitutes full settlement of all claims by that person against the United States arising from the death. Prohibits any representative of a beneficiary from receiving more than ten percent of a payment for services rendered in connection with the beneficiary's claim.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3295 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 3295
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 HOUSE OF REPRESENTATIVES
November 10, 1999
Mr. Farr of California (for himself, Mr. Gekas, Mr. Forbes, Mr. Frank
of Massachusetts, Ms. Norton, Mr. Shays, Ms. Slaughter, Mr. Payne, Mr.
Gilchrest, Mr. Kennedy of Rhode Island, Mr. Rahall, Mr. Gilman, Mrs.
Meek of Florida, Mr. Thompson of California, Ms. Pelosi, Mr. King, Mr.
Wynn, Mrs. Christensen, Ms. Eddie Bernice Johnson of Texas, Ms.
Millender-McDonald, Mrs. Maloney of New York, Mr. Rangel, Ms. Jackson-
Lee of Texas, Mr. Waxman, Mr. Jackson of Illinois, Mr. Faleomavaega,
Mr. Stark, Ms. Waters, Mr. Tierney, Mr. Lewis of Georgia, Mr. Allen,
Mr. Sisisky, and Mr. McDermott) introduced the following bill; which
was referred to the Committee on the Judiciary
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CT-43A Federal Employee Settlement
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On April 3, 1996, Secretary of Commerce Ronald H. Brown
embarked on a mission to Croatia to build trade ties and
provide economic assistance to the former Yugoslavia as part of
the United States commitment to bring lasting peace to Bosnia-
Herzegovina and Croatia. Accompanying Secretary Brown were
numerous United States Government officials and high-ranking
representatives of United States infrastructure and economic
development interests.
(2) The Department of Defense provided Secretary Brown and
his party a United States Air Force CT-43A aircraft and crew
for transport purposes.
(3) On April 3, 1996, the aircraft carrying Secretary Brown
and his party crashed into a mountainside near Dubrovnik,
Croatia, while attempting an instrument approach into the
Cilipi Airport (serving Dubrovnik).
(4) The crash resulted in the death of all 35 persons
aboard, as well as the loss of the aircraft and personal
effects of the crew and passengers.
(5) The Air Force investigation into the crash concluded
that the accident was caused by a failure of command, aircrew
error, and an improperly designed instrument approach
procedure.
SEC. 3. COMPENSATION FOR FAMILIES OF FEDERAL CIVILIAN EMPLOYEES.
(a) Requirement To Make Payments.--The Secretary of the Air Force
shall pay, from amounts available to the Air Force for the payment of
claims, the amount of $2,000,000 to the specified beneficiary of each
of the 14 Federal civilian officers and employees killed in the crash
of a United States Air Force CT-43A aircraft on April 3, 1996, near
Dubrovnik, Croatia.
(b) Deadline.--The Secretary shall make each payment required by
subsection (a) not later than 90 days after the date of the enactment
of this Act.
(c) Specified Beneficiaries.--For the purposes of this section, the
specified beneficiary of a Federal civilian officer or employee
described in subsection (a) is determined in the manner specified in
section 5582(b) of title 5, United States Code. If in the case of any
such officer or employee there is more than one such beneficiary, the
payment required by subsection (a) shall be paid in equal shares to
those beneficiaries.
(d) Relationship to Other Payments.--The amount payable under this
section with respect to the death of a Federal civilian officer or
employee shall be reduced by any amount (other than a statutory death
gratuity for burial benefits) previously determined to be payable by
the United States (under section 127 or chapter 163 of title 10, United
States Code, or any other provision of law for administrative
settlement of claims) by reason of the death of that officer or
employee .
(e) Full Settlement of Claims.--Acceptance by a specified
beneficiary of a payment under this section constitutes full settlement
of all claims by that person against the United States arising from the
death of the officer or employee with respect to whom the payment is
made.
(f) Construction.--The payment of an amount under this section may
not be considered to constitute a statement of legal liability on the
part of the United States or otherwise as evidence of any material fact
in any judicial proceeding or investigation arising from the accident
described in subsection (a).
(g) Limitation on Attorney Fees.--Notwithstanding any contract, no
representative of a beneficiary may receive more than 10 percent of a
payment made under this section for services rendered in connection
with the beneficiary's claim for that payment. Any person who violates
this subsection shall be guilty of an infraction and shall be subject
to a fine in the amount provided in title 18, United States Code.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Sponsor introductory remarks on measure. (CR E2371-2372)
Referred to the Subcommittee on Immigration and Claims.
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