Page:United States Statutes at Large Volume 80 Part 1.djvu/1342

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PUBLIC LAW 89-757-NOV. 5, 1966

[80

STAT.

Public Law 89-757 November 5, 1966 [H. R. 2266]

Bowie County, Tex. Settlement of certain claims.

Rule of procedure.

AN ACT To provide for the settlement of claims resulting from an explosion at a United States ordnance plant in Bowie County, Texas, on July 8, 1963.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress recognizes and assumes the compassionate responsibility of the United States for the losses sustained by reason of the explosion at Day and Zimmerman, Incorporated, an ordnance plant wholly owned by the United States in Bowie County, Texas, on July 8, 1963, and hereby provides the procedure by which the amounts shall be determined and paid. SEC. 2. The Secretary of the Army (hereinafter referred to as the "Secretary") or his designee, is authorized to receive, investigate, and settle claims against the United States for death or personal injury proximately resulting from the explosion referred to in the first section of this Act. No claim may be approved by the Secretary in an amount in excess of $25,000. SEC. 3. (a) The Secretary shall promulgate and publish within sixty days after the date of the enactment of this Act rules of procedure for the consideration and disposition of claims filed under this Act. (b) Claimants shall submit their claims in writing to the Secretary, under such rules as he may prescribe pursuant to subsection (a), within six months after the date of the enactment of this Act. (c) The Secretary shall determine the amount of awards, if any, in the case of each claim within eighteen months from the date on which the claim was submitted. (d) Except as otherwise provided herein, the law of the State of Texas shall apply. SEC. 4. (a) With respect to claims filed and awards paid pursuant to the provisions of this Act, the Secretary shall limit himself to the determination of— (1) whether the losses sustained resulted from the explosion at the said ordnance plant in Bowie County, Texas, on July 8, 1963; (2) the amounts to be awarded as compensation for such losses not to exceed $25,000 in each claim; and (3) the persons entitled to receive such awards. (b) Claims for awards based on death shall be submitted only by duly authorized legal representatives. SEC. 5. (a) I n determining the amounts to be awarded for death, or personal injury, the Secretary shall reduce any such amounts by an amount equal to the total of insurance benefits (except life insurance benefits), or other payments or settlements of any nature, previously paid or to be paid with respect to such death claims or personal mjury. (b) Payments approved by the Secretary for death or personal injury, shall not be subject to insurance subrogation claims in any respect. (c) The Secretary shall not include in any award any amount for reimbursement to any insurance company or compensation insurance fund for loss payments made by such company or fund. SEC. 6. (a) The payment to any person of an award pursuant to a claim filed under the provisions of this Act shall be in full settlement and discharge of all claims of such person against the United States resulting from the explosion described in the first section of this Act.

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