Page:United States Statutes at Large Volume 78.djvu/809

 78 STAT.]

PUBLIC LAW 88-558-AUG. 31, 1964

767

Public Law 88-558 AN ACT To provide for the settlement of claims against the United States by members of the uniformed services and civilian oflScers and employees of the United States for damage to, or loss of, personal property incident to their service, and for other purposes.

August 31, 1964 [H. R. 6910]

Be it enacted by the Senate and House of Representatives of the Military P e r s o United States of America in Congress assembled,• _,^, this Act may nel and Civiliann That > ^^.... ,,^,. Ko niforl as fVio "IVfi 1 ifor>i7 P a r e m r n o l a n r l (nix'-ilinn T^,mr»lnvpp.«j' r ^ l f i i m s be cited ao the Mihtary Personnel and Civihan Employees' Claims Employees" Act of 1964" Claims Act of 1964. SEC. 2. As used in this Act— (1) "agency" includes an executive department, independent Definitions. establishment, or corporation primarily acting as an instrumentality of the United States, but does not include any contractor with the United States; (2) "uniformed services" means the Army, Navy, Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service; and (3) "settle" means consider, ascertain, adjust, determine, and dispose of any claim, whether by full or partial allowance or disallowance. SEC. 3. (a) Under such regulations as the head of an agency may Limitation. prescribe, he or his designee may settle and pay a claim arising after the effective date of this Act against the United States for not more than $6,500 made by a member of the uniformed services under the jurisdiction of that agency or by a civilian officer or employee of that agency, for damage to, or loss of, personal property incident to his service. If the claim is substantiated and the possession of that property is determined to be reasonable, useful, or proper under the circumstances, the claim may be paid or the property replaced in kind. This subsection does not apply to claims settled before its enactment. (b) If a person named in subsection (a) is dead, the head of the D e c e a s e d peragency concerned, or his designee, may settle and pay any claim made by the decedent's surviving (1) spouse, (2) children, (3) father or mother, or both, or (4) brothers or sisters, or both, that arose before, concurrently with, or after the decedent's death and is otherwise covered by subsection (a). Claims of survivors shall be settled and l)aid in the order named. (c) A claim may be allowed under subsection (a) for damage to, or Conditions. 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 of the United States 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 fifty States or the District of Columbia 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. (d) For the purposes of subsection (c)(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. Report (e) The head of each agency shall report once a year to Congress C o n g r e s s.to on claims settled under this section during the period covered by the

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