Page:United States Statutes at Large Volume 59 Part 1.djvu/243

 79TH CONG., 1ST SESS.-CH. 135 -MAY 29,1945 [CHAPTER 135] AN ACT To provide for the settlement of claims of military personnel and civilian em- ployees of the War Department or of the Army for damage to or loss, destruc- tion, capture, or abandonment of personal property occurring incident to their service. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War, and such other officer or officers as he may designate for such purposes and under such regulations as he may prescribe, are hereby authorized to consider, ascertain, adjust, determine, settle, and pay any claim against the United States, including claims not heretofore satisfied arising on or after December 7, 1939, of military personnel and civilian employees of the War Department or of the Army, when such claim is substantiated, and the property determined to be rea- sonable, useful, necessary, or proper under the attendant circum- stances, in such manner as the Secretary of War may by regulation prescribe, for damage to or loss, destruction, capture, or abandon- ment of personal property occurring incident to their service, or to replace such personal property in kind: Provided, That the damage to or loss, destruction, capture, or abandonment of property shall not have been caused in whole or in part by any negligence or wrongful act on the part of the claimant, his agent, or employee, and shall not have occurred at quarters occupied by the claimant within conti- nental United States (excluding Alaska) which are not assigned to him or otherwise provided in kind by the Government. No claim shall be settled under this Act unless presented in writing within one year after the accident or incident out of which such claim arises shall have occurred: Provided, That if such accident or incident occurs in time of war, or if war intervenes within two years after its occurrence, any claim may, on good cause shown, be presented within one year after peace is established. Any such settlement made by the Secretary of War, or his designee, under the authority of this Act and such regulations as he may prescribe hereunder, shall be final and conclusive for all purposes, notwithstanding any other provision of law to the contrary. SEC. 2. Such appropriations as may be required for the settlement of claims under the provisions of this Act are hereby authorized. Appropriations available to the War Department for the settle- ment of claims under the provisions of the Act of March 3, 1885 (23 Stat. 350), as amended, shall be available for the settlement of claims under the provisions of this Act. SEC. 3. Sections 3483-3488 of the Revised Statutes (31 U. S . C . 209-214), and the Act of March 3, 1885 (23 Stat. 350), as amended by the Act of July 9, 1918 (40 Stat. 880), and by the Act of March 4, 1921 (41 Stat. 1436; 31 U. S . C. 218-222), and by section 6 of the Act of July 3, 1943 (57 Stat. 374; 31 U. S . C . 222a, 222b), are hereby repealed. SEC. 4. That portion of section 1 of the Act of July 3, 1943 (57 Stat. 372; 31 U. S. C. 223b), reading as follows: "The provisions of this Act shall not be applicable to claims arising in foreign countries or possessions thereof which are cognizable under the provisions of the Act of January 2, 1942 (55 Stat. 880; 31 U. S. C . 224d), as amended, or to claims for damage to or loss or destruction of prop- erty of military personnel or civilian employees of the War Depart- ment or of the Army, or for personal injury or death of such per- sons, if such damage, loss, destruction, injury, or death occurs 66347'-6- -PT. I- 1 59 STAT.] 225 May 29, 1945 [H. B. 20m1 [Public Law 671 Military Personnel Claims Act of 1945. Claims arising on or after Dec. 7,1939. Negligence or wrong- ful act of claimant, etc. Time limitation. Settlement to be final and conclusive. Apopropriatons au- thorized. Pot, 1p.389. 31 U. . C.0. 218- 22Supp. IV, i1 222, 222b. Infra. 31 U.S.C. 218-222. 31 U. S. C., Supp. IV, i§ 222a, 222b. 31 U. S. C., Supp. IV, § 223b. 31 U. S. C., Supp. IV, 224d. Pot,p. 511.

�