Page:United States Statutes at Large Volume 79.djvu/829

 79 STAT. ]

789

PUBLIC LAW 89-185-SEPT. 15, 1965

Public Law 89-185 AN ACT September 15, 1965 [H. R. 5024] To amend titles 10 and 14, United States Code, and the Military Personnel and Civilian Employees' Claims Act of 1964, with respect to the settlement of claims against the United States by members of the uniformed services and civilian officers and employees of the United States for damage to, or loss of, personal property incident to their service, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2732 of title 10, United States Code, is amended as follows: Subsection (a) is amended by striking out "$6,500" and inserting in place thereof "$10,000". SEC. 2. Section 490(a) of title 14, United States Code, is amended by striking out "$6,500" and inserting in place thereof "$10,000". SEC. 3. (a) Section 2 of the Military Personnel and Civilian Claims Act of 1964 (78 Stat. 767) is amended to read as follows: "SEC. 2. As used in this Act— "(1) 'agency' includes an executive department, military department, independent 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. "(4) 'military department' means Department of the Army, Department of the Navy, and the Department of the Air Force." (b) Section 3 of the Military Personnel and Civilian Employees' Claims Act of 1964 (78 Stat. 767) is amended to read as follows: "SEC. 3. (a)(1) Under such regulations as the Secretary of a military department, or the Secretary of the Treasury with respect to the Coast Guard when it is not operating as a part of the Navy, may 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 $10,000 made by a member of the uniformed services under the jurisdiction of that department or the Coast Guard or by a civilian officer or employee of that department or the Coast Guard, 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. "(2) Under such regulations as the Secretary of Defense may prescribe, he or any officer designated by him has the same authority as the Secretary of a military department with respect to a claim by a civilian employee of the Department of Defense not otherwise covered by this subsection for damage to, or loss of personal property incident to, his service. "(3) If a person named in this subsection is dead, the Secretary of the military department concerned or his designee, or the Secretary of the Treasury or his designee, or the Secretary of Defense or his designee, as the case may be, 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 this subsection. Claims of survivors shall be settled and paid in the order named.

Uniformed services. Claims settlement. 72 Stat. 1461. 72 Stat. 8 3 2.

31 USC 240. Definitions.

Military departments. $10,000 limitation. 31 USC 241.

e i v i l i a n employees.

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