Page:United States Statutes at Large Volume 66.djvu/368

 322

Payment to survivor.

Time limitation.

PUBLIC LAW 4 3 9 - J U L Y 3, 1952

[66

S TA T.

officers as they may designate for such purposes and under such regulations as they, respectively, may prescribe, are hereby authorized to consider, ascertain, adjust, determine, settle, and pay any claim not in excess of $2,500 against the United States, including claims not heretofore satisfied, arising on or after December 7, 1939, of military personnel and civilian employees of the Department of the Army or of the Army, and including civilian employees of the W a r Department during its existence, of military personnel and civilian employees of the Department of the Navy or of the Navy, and of military personnel and civilian employees of Department of the Air Force or of the Air Force, when such claim is substantiated, and the property determined to be reasonable, useful, necessary, or proper under the attendant circumstances, in such manner as the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force, as to the military personnel and civilian employees of their respective Departments and services, may by regulation prescribed, for damage to or loss, destruction, capture, or abandonment 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 negligent 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 the continental United States (excluding Alaska) which are not assigned to him or otherwise provided in kind by the Government: And provided further, That the Secretary of Defense, and such other officer or officers as he may designate for the purpose, and under such regulations as he may prescribe, are hereby authorized to exercise with respect to claims of civilian employees of the Department of Defense not hereinbefore enumerated, arising on or after July 25, 1947, for damage to or loss, destruction, capture, or abandonment of personal property occurring incident to their service, powers similar to those conferred upon the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force and their designees by this Act with respect to claims of military personnel and civilian employees of their Departments, (b) The Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, and the Secretary of Defense, and their designees, respectively, in the event of the death of any person among the military personnel or civilian employees enumerated in subsection (a), are hereby authorized to consider, ascertain, adjust, determine, settle, and pay any claim, otherwise cognizable under this Act, presented by the survivor of such person for damage to or loss, destruction, capture, or abandonment of the personal property of such person, regardless of whether such damage, loss, destruction, capture, or abandonment occurred concurrently with or subsequent to such death. (c) As used in this Act, the term "survivor" means surviving spouse, child or children, father and/or mother, or brothers and/or sisters of the decedent, and claims by survivors shall be settled and paid in that order of precedence. (d) Every claim cognizable under this Act shall be forever barred unless presented in writing within two years after such claim accrues or within one year after the date of the enactment of this Act, whichever is later: Provided, That if a claim accrues in time of war, or if war intervenes within two years after the date of accrual, it may, on good cause shown, be presented within two years after such good cause ceases to exist, but not later than two years after peace is established: And provided further, That any claim cognizable under this Act which has not heretofore been presented for consideration, or has

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