Page:United States Statutes at Large Volume 96 Part 1.djvu/1015

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 973

SUBCHAPTER III—CLAIMS AGAINST THE UNITED STATES GOVERNMENT § 3721. Claims of personnel of agencies and the District of Columbia government for personal property damage or loss (a) In this section— (1) "agency" does not include a nonappropriated fund activity or a contractor with the United States Government. (2) "head of an agency" means— (A) for a military department, the Secretary of the military department; (B) for the Department of Defense (except the military departments), the Secretary of Defense; and (C) for another agency, the head of the agency. (3) "settle" means consider, determine, adjust, and dispose of a claim by disallowance or by complete or partial allowance. (b) The head of an agency may settle and pay not more than $15,000 for a claim against the Government made by a member of the uniformed services under the jurisdiction of the agency or by an officer or employee of the agency for damage to, or loss of, personal property incident to service. A claim allowed under this subsection may be paid in money or the personal property replaced in kind. (c)(1) The head of an agency may settle and pay not more than $40,000 for a claim against the Government made by a member of the uniformed services under the jurisdiction of the agency or by an officer or employee of the agency for damage to, or loss of, personal property in a foreign country that was incurred after December 30, 1978, incident to service, and— (A)(i) the member, officer, or employee was evacuated from the country after December 30, 1978, on a recommendation or order of the Secretary of State or other competent authority that was made in responding to an incident of political unrest or hostile act by people in that country; and (ii) the damage or loss resulted from the evacuation, incident, or hostile act; or (B) the damage or loss resulted from a hostile act directed against the Government or its members, officers, or employees. (2) On paying a claim under this subsection, the Government is subrogated for the amount of the payment to a right or claim that the claimant may have against the foreign country for the damage or loss for which the Government made the payment. (3) Amounts may be obligated or expended for claims under this subsection only to the extent provided in advance in appropriation laws. (d) The Mayor of the District of Columbia may settle and pay a claim against the District of Columbia government made by an officer or employee of the District of Columbia government to the same extent the head of an agency may settle and pay a claim under this section. (e) A claim may not be allowed under this section if the personal property damage or loss occurred at quarters occupied by the claimant in a State or the District of Columbia that were not assigned or provided in kind by the United States Government or the District of Columbia government. (f) A claim may be allowed under this section only if— (1) the claim is substantiated;

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