Page:United States Statutes at Large Volume 70A.djvu/211

153 153 covered by subsection (a) or (b). Claims of survivors shall be settled and paid in the order named. (d) A claim may be allowed under subsection (a) or (b) for damage to, or loss of, property only if— (1) it is presented in writing within two years after it accrues, except that if the claim accrues in time of war or in time of armed conflict in which any armed force is engaged or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after that cause ceases to exist, or two years after the war or armed conflict is terminated, whichever is earlier; (2) it did not occur at quarters occupied by the claimant within the United States that were not assigned to him or otherwise provided in kind by the United States; or (3) it was not caused wholly or partly by the negligent or wrongful act of the claimant, his agent, or his employee. (e) For the purposes of subsection (d)(1), the dates of beginning and ending of an armed conflict are the dates established by concurrent resolution of Congress or by a determination of the President. (f) The Secretary of Defense and the Secretary of each military department shall report once a year to Congress on claims settled under this section during the period covered by the report. The report shall include for each claim the name of the claimant, the amount claimed, and the amount paid. § 2733. Property loss; personal injury or death: incident to noncombat activities of Department of Army, Navy, or Air Force (a) Under such regulations as the Secretary of a military department may prescribe, he or, subject to appeal to him, any officer designated by him may settle, and pay in an amount not more than $1,000, a claim against the United States for— (1) damage to, or loss of, real property, including damage or loss incident to use and occupancy; (2) damage to, or loss of, personal property, including property bailed to the United States and including registered or insured mail damaged, lost, or destroyed by a criminal act while in the possession of the Army, Navy, Air Force, or Marine Corps, as the case may be; or (3) personal injury or death; either caused by a civilian officer or employee of that department, or a member of the Army, Navy, Air Force, or Marine Corps, as the case may be, acting within the scope of his employment, or otherwise incident to noncombat activities of that department. (b) A claim may be allowed under subsection (a) only if— (1) it is presented in writing within one year after it accrues; except that if the claim accrues in time of war or a war intervenes within one year after it accrues, and if good cause is shown, the claim may be presented not later than one year after the war is terminated; (2) it is not covered by section 2734 of this title or section 2672 of title 28:

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