Page:United States Statutes at Large Volume 114 Part 3.djvu/211

 PUBLIC LAW 106-398—APPENDIX 114 STAT. 1654A-169 "(iii) remaining overnight at or in the vicinity of that place immediately before so serving, if the place is outside reasonable commuting distance from the member's residence."; and (2) in subsection (h)(1)— (A) by striking "or" at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting "; or"; and (C) by adding at the end the following: "(E) in line of duty while— "(i) serving on funeral honors duty under section 12503 of title 10 or section 115 of title 32; "(ii) traveling to or from the place at which the duty was to be performed; or "(iii) remaining overnight at or in the vicinity of that place immediately before so serving, if the place is outside reasonable commuting distance from the member's residence.". (b) TORT CLAIMS.— Section 2671 of title 28, United States Code, is amended by inserting "115," in the second paragraph after "members of the National Guard while engaged in training or duty under section". (c) APPLICABILITY. — (1) The amendments made by subsection (a) shall apply with respect to months beginning on or after the date of the enactment of this Act. (2) The amendment made by subsection (b) shall apply with respect to acts and omissions occurring before, on, or after the date of the enactment of this Act. SEC. 666. AUTHORITY FOR EXTENSION OF DEADLINE FOR FILING CLAIMS ASSOCIATED WITH CAPTURE AND INTERNMENT OF CERTAIN PERSONS BY NORTH VIETNAM. Section 657(d)(1) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104^-201; 110 Stat. 2585) is amended by adding at the end the following new sentence: "The Secretary may, in the case of any claim under this section, extend the time limitation under the preceding sentence by up to 18 months if the Secretary determines that such an extension in the case of that claim is necessary to prevent an injustice or that failure of the claimant to file the claim within that time limitation is due to excusable neglect.". SEC. 667. BACK PAY FOR MEMBERS OF THE NAVY AND MARINE CORPS SELECTED FOR PROMOTION WHILE INTERNED AS PRIS- ONERS OF WAR DURING WORLD WAR II. (a) ENTITLEMENT OF FORMER PRISONERS OF WAR. —Upon receipt of a claim made in accordance with this section, the Secretary of the Navy shall pay, from any appropriation currently available to the Secretary, back pay to any person who, by reason of being interned as a prisoner of war while serving as a member of the Navy or the Marine Corps during World War II, was not available to accept a promotion for which the person had been selected. (b) PAYMENT TO SURVIVING SPOUSE OF DECEASED FORMER MEM- BER. —In the case of a person described in subsection (a) who is deceased, the back pay for that person under this section shall be paid to the living surviving spouse of that person, if any. If there is no living surviving spouse, no claim may be paid under this section with respect to that person.

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