Page:United States Statutes at Large Volume 79.djvu/830

 790 Non-military departments. $6,500 limitation.

Settlement conditions.

War duration, determination.

Report to Congress.

Effective dates.

70A Stat. 155. 72 Stat. 832. 54 Stat. 1061. 78 Stat. 768. 31 USC 242. 31 USC 222c. 72 Stat. 1461. 31 USC 241.

PUBLIC LAW 89-185-SEPT. 15, 1965

[79

STAT.

" (b)(1) Subject to any policies the President may prescribe to effectuate the purposes of this subsection and under such regulations as the head of an agency, cyther than a military department, the Secretary of the Treasury with respect to the Coast Guard, or the Department of Defense, 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 $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. "(2) If a person named in this subsection is dead, the head of the agency concerned, or his designee, may settle and pay any claim made by the decendent'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." (c) A claim may be allowed under this section 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 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 anned conflict are the dates established by concurrent resolution of Congress or by a determination of the President. (e) The head of each agency 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. SEC. 4. Sections 1 and 2 of this Act are effective July 2, 1952, and section 3 of this Act is effective August 31, 1964, for the purpose of reconsideration of settled claims as provided m this section. Notwithstanding section 2735 of title 10, United States Code, section 490 (a) of title 14, United States Code, the Act of October 9, 1940, chapter 788 (31 U.S.C. 71a), or section 4 of the Military Personnel and Civilian Employees' Claims Act of 1964, a claim heretofore settled in the amount of $6,500 solely by reason of the maximum limitation established by section 1(a) of the Military Persoimel Claims Act of 1945, as amended (70 Stat. 255), section 2732(a) of title 10, United States Code, section 490(a) of title 14, United States Code, or section 3(a) of the Military Persoimel and Civilian Employees' Claims xA.ct of 1964 may, upon written request of the claimant made within one year from the date of enactment of this Act, be reconsidered and settled under the amendments contained in sections 1, 2, and 3 of this Act.

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