Page:United States Statutes at Large Volume 82.djvu/916

 874

PUBLIC LAW 90-521-SEPT. 26, 1968

[82 STAT.

Public Law 90-521 September26.1968 [H. R. 13669]

Military claims. Administration and settlement. 70A Stat. 154-

76 Stat. 767.

AN ACT To amend.section 2734 of title 10 of the United States Code to permit the use of officers of any of the services on claims commissions, and for other purposes; to amend section 2734a of title 10 to authorize the use of Coast Guard appropriations for certain claims settlements arising out of Coast Guard activities; and to amend section 2736 of title 10 to authorize advance payments in cases covered by sections 2733 and 2734 of title 10 and section 715 of title 32 involving military claims.

Be it enacted by the Senate and House of Representatives of the United States of America In Congress assembled, That (a) the first sentence of section 2734 of title 10, United States Code, is amended by striking the words "appoint one or more claims commissions, each composed of one or more commissioned officers of the armed forces under his jurisdiction," and by inserting in lieu thereof the words "appoint one or more claims commissions, each composed of one or more commissioned officers of the armed forces,". (b) Subsection (a) of section 2734 of title 10, United States Code, is amended by adding at the end thereof the following sentence: "An officer may.serve on a claims commission under the jurisdiction of another armed force only with the consent of the Secretary of his department, or his designee, but shall perform his duties under regulations of the department appointing the commission." SEC. 2, Subsection (a) of section 2736 of title 10, is amended by striking the words "as the result of an accident involving an aircraft or missile under the control of that department" and inserting in lieu thereof "under circumstances"; and the caption of section 2736 is amended to read as f ollows: "§2736. Property loss; personal injury or death: advance payment." and the chapter analysis of chapter 163 of title 10 of the United States Code is amended by striking '•2736. Property loss; personal injury or death: incident to aircraft or missile operation."

and inserting "2736. Property loss; personal injury or death: advance payment."

76 Stat. 512-

SEC. 3. Section 2734(b)(3) of title 10, United States Code, is amended to read as follows: "(3) it did not arise from action by an enemy or result directly or indirectly from an act of the armed forces of the United States in combat, except that a claim may be allowed if it arises from an accident or malfunction incident to the operation of an aircraft of the armed forces of the United States, including its airborne ordnance, indirectly related to combat, and occurring while preparing for, going to, or returning from a combat mission." SEC. 4. (a) Subsection (c) of section 2734a of title 10, United States Code, is amended to read as follows: "(c) A reimbursement or payment under this section shall be made by the Secretary of Defense out of appropriations for that purpose except that payment of claims against the Coast Guard arising while it is operating as a service of the Department of Transportation shall be made out of the appropriations for the operating expenses of the Coast Guard. The appropriations referred to in this subsection may be used to buy foreign currencies required for the reimbursement or payment." (b) Section 2734a of title 10, United States Code, is amended by the addition of the following subsection:

�