110 STAT. 2668
PUBLIC LAW 104-201—SEPT. 23, 1996
the aviation insurance. If the Secretary of Transportation determines that the claim is not payable, any amount paid under this
paragraph arising from such claim shall constitute a debt to the
United States, payable to the insurance fund. Any such amounts
so returned to the United States shall be promptly credited to
the fund or account from which the payments were made under
this paragraph.
"(b) SOURCE OF FUNDS FOR PAYMENT OF INDEMNITY.— The Secretary of Defense may pay an indemnity described in subsection
(a) from any funds available to the Department of Defense for
operation and maintenance, and such sums as may be necessary
for payment of such indemnity are hereby authorized to be transferred to the Secretary of Transportation for such purpose.
"(c) NOTICE TO CONGRESS. —In the event of a loss that is covered
by defense-related aviation insurance in the case of an incident
in which the covered loss is (or is expected to be) in an amount
in excess of $1,000,000, the Secretary of Defense shall submit
to Congress—
"(1) notification of the loss as soon after the occurrence
of the loss as possible and in no event more than 30 days
after the date of the loss; and
Reports.
"(2) semiannual reports thereafter updating the information submitted under paragraph (1) and showing with respect
to losses arising from such incident the total amount expended
to cover such losses, the source of those funds, pending litigation, and estimated total cost to the Government.
"(d) IMPLEMENTING MATTERS. —(1) Payment of indemnification
under this section is not subject to section 2214 or 2215 of this
title or any other provision of law requiring notification to Congress
before funds may be transferred.
"(2) Consolidation of claims arising from the same incident
is not required before indemnification of the Secretary of Transportation for payment of a claim may be made under this section.
"(e) CONSTRUCTION WITH OTHER TRANSFER AUTHORITY. —
Authority to transfer funds under this section is in addition to
any other authority provided by law to transfer funds (whether
enacted before, on, or after the date of the enactment of this
section) and is not subject to any dollar limitation or notification
requirement contained in any other such authority to transfer funds.
"(0 ANNUAL REPORT ON CONTINGENT LIABILITIES.—Not later
than March 1 of each year, the Secretary of Defense shall submit
to Congress a report setting forth the current amount of the contingent outstanding liability of the United States under the insurance
program under chapter 443 of title 49.
"(g) DEFINITIONS. —In this section:
"(1) DEFENSE-RELATED AVIATION INSURANCE. —The term
'defense-related aviation insurance' means aviation insurance
and reinsurance provided through policies issued by the Secretary of Transportation under chapter 443 of title 49 that
pursuant to section 44305(b) of that title is provided by that
Secretary without premium at the request of the Secretary
of Defense and is covered by an indemnity agreement between
the Secretary of Transportation and the Secretary of Defense.
"(2) Loss. — The term 'loss' includes damage to or destruction of property, personal injury or death, and other liabilities
and expenses covered by the defense-related aviation insurance.".
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