Page:United States Statutes at Large Volume 57 Part 1.djvu/79

 PUBLIC LAWS-CH. 67-APR. 22, 1943 [CHAPTER 67] April 22, 1943 Is. 8991 [Public Law 39] 31 U. S. C., Supp. II, § 224d. Damages by Amer- ican forces abroad. Settlement of cer- tain claims. Appointment of Commissions. Time limitation. Rerilat ons. Sicifiodnel sttlements subject to approval. Claims in excess of $5,000. Claims not allowed. AN ACT To amend the Act approved January 2, 1942, entitled "An Act to provide for the prompt settlement of claims for damages occasioned by Army, Navy, and Marine Corps forces in foreign countries." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of January 2, 1942 (55 Stat. 880; 31 U. S. C . 224d) be, and hereby is, amended to read as follows: "That, for the purpose of promoting and maintaining friendly relations by the prompt settlement of meritorious claims, the Secre- tary of War and the Secretary of the Navy, and such other officer or officers as the Secretary of War or the Secretary of the Navy, as the case may be, may designate for such purposes and under such regulations as he may prescribe, are hereby authorized to appoint a Claims Commission or Commissions, each composed of one or more officers of the Army, Navy, or Marine Corps, as the case may be, to consider, ascertain, adjust, determine, and make payments, where accepted by the claimant in full satisfaction and in final settlement, of claims, including claims of insured but excluding claims of subrogees, on account of damage to or loss or destruction of public property both real and personal, or on account of damage to or loss or destruction of private property both real and personal or personal injury or death of inhabitants of a foreign country, including places located therein which are under the temporary or permanent juris- diction of the United States, arising in such foreign country, includ- ing claims for damage to or loss or destruction of personal property bailed to the Government and claims for damages incident to the use and occupancy of real property, whether under a lease, express or implied, or otherwise, when such damage, loss, destruction, or injury is caused by Army, Navy, or Marine Corps forces, or individual members thereof, including military personnel and civilian employees thereof, or otherwise incident to noncombat activities of such forces, where the amount of such claim does not exceed $5,000: Provided, That no claim shall be considered by such Commissions unless pre- sented within one year after the occurrence of the accident or incident out of which such claim arises except that claims arising out of accidents or incidents occurring after December 6, 1941, but prior to May 1, 1943, may be presented at any time prior to May 1, 1944: Provided further, That any such settlements made by such Commis- sions shall be subject to such regulations as the Secretary of War or the Secretary of the Navy may prescribe and may, in cases where the amount exceeds $2,500 but does not exceed $5,000, be subject to the approval of such commanding or other officer of Army, Navy, or Marine Corps forces, as the case may be, as the Secretary of War or the Secretary of the Navy may prescribe; and the Secretary of War and the Secretary of the Navy, respectively, shall have authority, if he deems any claim in excess of $5.000 to be meritorious, to certify such amount as may be found to be just and reasonable thereon to Congress as a legal claim for payment out of appropriations that may be made by Congress therefor, together with a brief statement of the character of such claim, the amount claimed, and the amount allowed: Provided further, That no claim of any national of any country at war with the United States, or of any ally of such enemy country, except as the Commission or the local military commander shall determine that the claimant is friendly to the United States, and no claim resulting from action by the enemy or resulting directly or indirectly from any act by our armed forces engaged in combat, [57 STAT.

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