Page:United States Statutes at Large Volume 69.djvu/750

 708

Limitations on amounts.

Report s to Coi^ gress

PUBLIC LAW 378-AUG. 12, 1955

[69

ST AT

No claim shall be entertained by the Secretary of the Army unless it shall appear to his satisfaction that such claim was a part of a civil action filed against the United States in a United States district court prior to April 25, 1950, except that, for good cause, the Secretary may waive the limitation date of April 25, 1950, where it is shown that claimant, by reason of infancy, insanity, or other legal reason, was unable to bring such civil action. (b) The Secretary of the Army shall promulgate and publish rules of procedure for handling the claims referred to in section 2 within sixty days after the date of enactment of this Act. He shall determine and fix the amount of awards, if any, in each claim within twelve months from the date on which the claim was submitted. Except as otherwise provided herein, the law of the State of Texas shall apply. SEC. 4. Since it is the intention and purpose of this Act, and of the Congress, to relieve the claimants hereunder, the Secretary of the Army shall limit himself to the determination of— (1) whether the losses sustained resulted from the explosions and fires at Texas City on April 16 and 17, 1947; (2) the amounts to be allowed and paid pursuant to this Act; and (3) the persons entitled to receive the same. SEC. 5. (a) Claims for awards based on death shall be submitted only by duly authorized legal representatives. No claim under this subsection shall be approved by the Secretary of the Army in amount in excess of $25,000. (b) No claims for personal injuries may be approved by the Secretary of the Army in amount in excess of $25,000. (c) No claim for property losses may be approved by the Secretary of the Army in amount in excess of $25,000. SEC. 6. (a) In determining the amounts to be awarded for death, personal injury, or property losses, the Secretary of the Army shall reduce any such amount by an amount equal to the total of insurance benefits (except life insurance benefits), or other payments or settlements of any nature, previously paid with respect to such death claims, personal injury, or property loss. (b) Payments approved by the Secretary of the Army on death, personal injury, and property loss claims, shall not be subject to insurance subrogation claims in any respect. (c) The Secretary of the Army shall not include in an award any amount for reimbursement to any insurance company or compensation insurance fund for loss payments made by such company or fund. (d) Except as to the United States, no claim cognizable under this Act shall be assigned or transferred. SEC. 7. The Secretary of the Treasury shall pay out of moneys in the Treasury not otherwise appropriated, the claims referred to in this Act in the amounts approved for payment by the Secretary of the Army. SEC. 8. A payment made under the provisions of section 7 shall be in full settlement and discharge of all claims against the Government of the United States. SEC. 9. The Secretary of the Army shall require assignment to the United States of any right of action against a third party arising from the death, personal injury, or property loss claim with respect to which settlement is made. SEC. 10. The Secretary of the Army shall, twenty-four months after the date of enactment of this Act transmit to the Congress—

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