Page:United States Statutes at Large Volume 76.djvu/815

 76 STAT.]

PUBLIC LAW 87-76 9-OCT. 9, 1962

767

Public Law 87-769 AN ACT To amend title 10, United States Code, to authorize the Secretary of Defense, the Secretaries of the military departments, and the Secretary of the Treasury to settle certain claims for damage to, or loss of, property, or personal injury or death, not cognizable under any other law.

Be it enacted by the Senate amd House of Representatives of the United States of America in Congress assembled, That title 10, United States Code, is amended as follows: (1) Chapter 163 is amended— (A) by adding the following new section at the end thereof: ^§ 2736. Property loss; personal injury or death: incident to use of property of the United States and not cognizable under other law " (a) Under such regulations as the Secretary concerned may prescribe, he or his designee may settle and pay, in an amount not more than $1,000, a claim against the United States, not cognizable under any other provision of law, for— " (1) damage to, or loss of, property; or " (2) personal injury or death; caused by a civilian official or employee of a military department or the Coast Guard, or a member of the armed forces, incident to the use of a vehicle of the United States at any place, or any other property of the United States on a Government installation. " (b) Under such regulations as the Secretary of Defense may prescribe, he or his designee has the same authority as the Secretary of a military department with respect to a claim, not cognizable under any other provision of law, for— " (1) damage to, or loss of, property; or " (2) personal injury or death; caused by a civilian official or employee of the Department of Defense not covered by subsection (a), incident to the use of a vehicle of the United States at any place, or any other property of the United States on a Government installation. "(c) A claim may not be allowed under subsection (a) or (b) if the damage to, or loss of, property, or the personal injury or death was caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee. " (d) A claim for personal injury or death under this section may not be allowed for more than the cost of reasonable medical, hospital, and burial expenses actually incurred, and not otherwise furnished or paid by the United States. "(e) No claim may be allowed under this section unless it is presented in writing within two years after it accrues. " (f) A claim may not be paid under subsection (a) or (b) unless the amount tendered is accepted by the claimant in full satisfaction. " (g) No claim or any part thereof, the amount of which is legally recoverable by the claimant under an indemnifying law or indemnity contract, may be paid under this section. No subrogated claim may be paid under this section. " (h) So far as practicable, regulations prescribed under this section shall be uniform. Regulations prescribed under this section by the Secretaries of the military departments must be approved by the Secretary of Defense."; and

October 9, 1962 [H. R. 3 1 0 ]

Armed Forces. Property damage or personal injury claims, settlement authority. 70A Stat. 152. 10 USC 27312735.

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