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
PL 90-521 (H.R.13669), enacted 09/26/1968

874 
PUBLIC LAW 90-521-SEPT. 26, 1968 
[82 STAT. 
September26.1968 
[H. R. 13669] 
Military claims. 
Admini stration 
and settlement. 
70A Stat. 154-
76 Stat. 767. 
76 Stat. 512-
Public Law 90-521 
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 appropria-
tions 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 hy the Senate and House of Representatives 
of the 
United States of America In (^ongress assembled^ That (a) the first 
sentence of section 2734 of title 10, LTnited 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 regu-
lations of the department appointing the commission." 
SEC. 2, Subsection (a) of section 2736 of title 10, is amended by strik-
ing 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 
ollow^s: 
"§2736. Property loss; personal injury or death: advance pay-
ment." 
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." 
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 ord-
nance, indirectly related to combat, and occurring while prepar-
ing 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, LTnited States Code, is amended by the 
addition of the following subsection: 
82 STAT. ] 
PUBLIC LAW 90-523-SEPT. 26, 1968 
875 
"(d) Upon the request of the Seci'eta.ry of Transportation or his 
designee, any payments made relating to chiims arising from the activ-
ities of the Coast Guard and covered by subsection (a) may be reim-
bursed or paid to the foreign comitry concerned by the authorized rep-
resentative of the Department of Defense out of the appropriation for 
claims of the Department of Defense, subject to reimbursement from 
the Department of Transportation." 
Approved September 26, 196.8. 
Public Law 90-522 
AN ACT 
September26, 1968 
To amend section 2733 of title 10, United States Code, to authorize the application 
[H.R. I0482] 
of local law in determining the effect of claimant's contributory negligence, 
and to clarify the procedure for appeal from certain claims determinations. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 2733 
Military claims. 
of title 10, United States Code, is amended by— 
lodi^ 
1^*^.*'°" ° 
(1) striking out the word "and" at the end of clause (4) of 
70A stat. 153; 
subsection (b) and inserting in place thereof "or, if so caused, ''^ ^*^'' ^'*^^" 
allowed only to the extent that the law of the place where the 
act or omission complained of occurred would permit recovery 
from a private individual under like circumstances; and"; 
(2) striking out the period at the end of subsection (g) and pH^^^^^'^^]^' 
inserting in place thereof the following: ", subject to appeal to 
the Secretary concerned, or his designee for that purpose.". 
Approved September 26, 1968. 
Public Law 90-523 
AN ACT 
September26, 1968 
To provide for the rehabilitation of the Eklutna project, Alaska, and for other 
1
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^
"
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purposes. 
Be it enxzcted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the total sums 
Ekiutna proj-
expended by the Secretary of the Interior in rehabilitation of the ^'^Rehibmration. 
Eklutna project, Alaska, from damage caused by the earthquake of 
March 27,1964, less the difference between the actual cost of the new 
dam and the estimated cost of rehabilitating the old dam, shall be 
nonreimbursable and nonreturnable, and not subject to the provisions 
of the second sentence of section 1 of the Act of July 31, 1950, as 
amended: Provided, hotcever, That the nonreimbursable and non- 
64 stat. 332. 
returnable expenditures shall not exceed $2,805,437. 
48 use 312. 
Approved September 26, 1968.