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In view of the impasse, a judicial determination of the equities is desirable.

We recommend the following amendments to the bill:

1. Each time the name "Yakima Tribe of Indians of the Yakima Reservation" appears, it should be changed to the plural "Yakima Tribes of Indians of the Yakima Reservation". Previous legislation relating to these Indians and the resolution under which they conduct their official business uses the plural "Tribes".

2. On page 1, line 8, and on page 2, line 1, delete the words "and the Attorney General on behalf of the United States,". The United States has no interest in the outcome of this proposed litigation other than its desire that the funds be made available to the parties entitled thereto as quickly as possible for use in their economic development. All pertinent records held by the United States will be readily available to either party, but the participation of the United States in the proposed litigation would serve no useful purpose.

3. On page 2, line 22, and on page 3, line 8, delete the words "or expended" and insert in lieu thereof ", expanded, deposited, invested, or reinvested".

4. On page 3, line 10, change the period to a comma and add "and approved by the Secretary of the Interior."

The Bureau of the Budget has advised that there is no objection to the presentation of this report from the standpoint of the administration's program.

Sincerely yours,

HARRY R. ANDERSON, Assistant Secretary of the Interior.

COST

No Federal expenditures would be required by the enactment of this legislation.

COMMITTEE RECOMMENDATION

The Committee on Interior and Insular Affairs recommends enactment of this bill;

O

II.R. 1152

90TH CONGRESS 2d Session

}

HOUSE OF REPRESENTATIVES

{ No. 1153

REPORT

AMENDING SECTION 2735 OF TITLE 10 OF THE UNITED STATES CODE, TO PROVIDE FOR THE FINALITY OF SETTLEMENT EFFECTED UNDER SECTIONS 2733, 2734, 2734a, 2734b, OR 2737

MARCH 5, 1968.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. SMITH of New York, from the Committee on the Judiciary, submitted the following

REPORT

[To accompany H. R. 202]

The Committee on the Judiciary, to whom was referred the bill (H.R. 202) to amend section 2735 of title 10 of the United States Code, to provide for the finality of settlement effected under sections 2732, 2733, 2734, 2734a, 2734b, or 2736 (76 Stat. 767), having considered the same, report favorably thereon with amendments and recommend that the bill do pass.

The amendments are as follows:
Page 1, line 7, strike "2732".

Page 1, line 8, strike "2736 (76 Stat. 767)" and insert "2737". And amend the title to read:

"To amend section 2735 of title 10 of the United States Code, to provide for the finality of settlement effected under section 2733, 2734, 2734a, 2734b, or 2737."

EXPLANATION OF AMENDMENTS

The bill is amended to strike the reference to section 2732 which was repealed by Public Law 88-558 and to strike the reference to section 2736 and substitute the section numbered 2737, which is the number of the same section as renumbered by Public Law 89-719. The title is amended to reflect the same two corrections.

PURPOSE

The purpose of the proposed legislation, as amended, is to amend section 2735 of title 10 of the United States Code which provides for finality and conclusiveness to military claims settlements by adding references to sections 2734a, 2734b, and 2737.

STATEMENT

The Department of the Air Force in behalf of the Department of Defense recommends the enactment of the bill with the amendments recommended by the Committee.

The present provisions of section 2735 of title 10 provides for finality of settlement to property and personal injury claims under sections 2733 and 2734 of title 10. The three new references added by H.R. 202 refer to three other sections of the same chapter of title 10. This is chapter 163 entitled "Military Claims." The bill H.R. 202 was the subject of a subcommittee hearing on Wednesday, January 31, 1968. and the testimony at that hearing established that the same reasons for extending finality to settlements under sections now referred to in section 2735 also apply to finality of settlements under the three other sections as is provided for in this bill. In fact, it appears that the purpose of section 2735, which is clearly to provide for finality of settlement in military claims matters, requires such an amendment.

In connection with this amendment, it is pertinent to note that similar finality of settlement statutes are applicable to claims settled under the provisions of the Federal Tort Claims provisions in title 28 (28 U.S.C. 2672), as well as admiralty claims involving the military departments (10 U.S.C. 4806, 2672(d), 7623(d) and 9806). Finality of settlements under section 715 of title 32 of the United States Code concerning claims generated by National Guard activities is provided for by subsection (g) of that section. It is therefore clear that the amendments provided for in this bill are consistent with the pattern and provisions for finality presently contained in other claims statutes. At the hearing on the bill on January 31, 1968, the members of the subcommittee were assured that the actions of personnel will still be subject to examination, and the effect of the provision is merely to provide that a final settlement is final in the full sense of the word and will not be subject to reopening as to that specific claim. This does not prevent an appeal of the decision to higher authority as provided in the law nor would it preclude the settlement authority who made the decision from reconsidering its action. The witness at the hearing stated that the rules of the General Accounting Office permit such reconsideration in accordance with the criteria set forth in its rules. It is also pertinent to note that the bill's provisions do not bar the General Accounting Office from reviewing the records of any department with respect to the handling of finances including general practices and procedures with reference to claims settlement.

The committee finds that there is a clear precedent for the amendments proposed in this bill and that the amendments will correct an omission from the section involved. Accordingly, it is recommended that the bill, as amended, be considered favorably.

DEPARTMENTAL REPORT

Hon. EMANUEL CELLER,

DEPARTMENT OF THE AIR FORCE,
Washington, June 26, 1967.

Chairman, Committee on the Judiciary,

House of Representatives.

DEAR MR. CHAIRMAN: Reference is made to your request to the Secretary of Defense for the views of the Department of Defense

H.R. 1153

with respect to H.R. 202, 90th Congress, a bill to amend section 2735 of title 10 of the United States Code, to provide for the finality of settlement effected under sections 2732, 2733, 2734, 2734a, 2734b, or 2736 (76 Stat. 767). The Secretary of Defense has delegated to the Department of the Air Force the responsibility for expressing the views of the Department of Defense.

The purpose of the bill is to amend section 2735 of title 10, United States Code, to provide that the settlement of a claim under sections 2734a, 2734b, and 2736 (76 Stat. 767) of title 10 shall be final and conclusive. These sections relate, respectively, to (1) claims against the United States for property loss or personal injury or death in a foreign country incident to noncombat activities of civilian employees or members of the armed forces of the United States; (2) claims against a foreign country for property loss or personal injury or death incident to activity of members of the armed forces of foreign countries in the United States; and (3) claims for property loss or injury or death resulting from the use of property of the United States and not cognizable under other law.

Under the present provisions of section 2735, finality of settlement applies to property and personal injury claims under sections 2733 and 2734 of title 10. Similar finality of settlement statutes include those applicable to Federal tort claims (28 U.S.C. 2672), admiralty claims involving the military departments (10 U.S.C. 4806, 7622(d), 7623(d), and 9806), and claims generated by National Guard activities (32 U.S.C. 715).

The proposed legislation would be consistent with the cited general policy of preventing other agencies of the Government from reviewing and reversing actions on claim settlements of agencies specifically authorized to settle and pay certain claims. With respect to section 2734a, however, the finality of settlement provision should not be interpreted as precluding reimbursement in accordance with international obligations where a claim is reconsidered by a foreign government and additional payment made in accordance with the law of the country involved.

Section 2732 of title 10, United States Code, was repealed effective August 31, 1966, and section 2736 (76 Stat. 767) was redesignated as section 2737 by section 21 (a) of Public Law 89-718. It is recommended that H.R. 202 be amended to reflect these changes.

The Department of the Air Force, on behalf of the Department of Defense, concurs in this legislative proposal.

The proposed legislation would not have any budgetary implications.

This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense. The Bureau of the Budget advises that, from the standpoint of the administration's program, there is no objection to the presentation of this report for the consideration of the committee.

Sincerely,

LEONARD MARKS, Jr., Assistant Secretary..

CHANGES IN EXISTING LAW

In compliance with paragraph 2 of clause 3 of rule XIII of the Rules of the House of Representatives, changes in existing law made by the

H.R. 1153

bill are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman):

TITLE 10.-ARMED FORCES, UNITED STATES CODE

[blocks in formation]

§ 2735. Settlement, final and conclusive

Notwithstanding any other provision of law, the settlement of a claim under section [2732,] 2733, [or] 2734, 2734a, 2734b, or 2737 of this title is final and conclusive.

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