Page:United States Statutes at Large Volume 96 Part 1.djvu/1016

 96 STAT. 974

PUBLIC LAW 97-258—SEPT. 13, 1982 (2) the head of the agency decides that possession of the property was reasonable or useful under the circumstances; and (3) no part of the loss was caused by any negligent or wrongful act of the claimant or an agent or employee of the claimant. (g) A claim may be allowed under this section only if it is presented in writing within 2 years after the claim accrues. However, if a claim under subsection (b) of this section accrues during war or an armed conflict in which an armed force of the United States is involved, or has accrued within 2 years before war or an armed conflict begins, and for cause shown, the claim must be presented within 2 years after the cause no longer exists or after the war or armed conflict ends, whichever is earlier. An armed conflict begins and ends as stated in a concurrent resolution of Congress or a decision of the President. (h) The head of the agency— (1) may settle and pay a claim made by the surviving spouse, child, parent, or brother or sister of a dead member, officer, or employee if the claim is otherwise payable under this section; and (2) may settle and pay the claims by the survivors only in the following order: (A) the spouse's claim. (B) a child's claim. (C) a parent's claim. (D) a brother's or sister's claim. (i) Notwithstanding a contract, the representative of a claimant may not receive more than 10 percent of a payment of a claim made under this section for services related to the claim. A person violating this subsection shall be fined not more than $1,000. (j) The President may prescribe policies to carry out this section (except subsection (b) to the extent that subsection (b) applies to the military departments, the Department of Defense, and the Coast Guard). Subject to those policies, the head of each agency shall prescribe regulations to carry out this section. (k) Settlement of a claim under this section is final and conclusive. § 3722. Claims of officers and employees at Government penal and correctional institutions (a) The Attorney General may settle and pay not more than $1,000 in any one case for a claim made by an officer or employee at a United States Government penal or correctional institution for damage to, or loss of, personal property incident to employment. (b) A claim may not be allowed under this section if the loss occurred at quarters occupied by the claimant that were not assigned or provided in kind by the Government. (c) A claim may be allowed only if— (1) no part of the loss was caused by any negligent or wrongful act of the claimant or an agent or employee of the claimant; (2) the Attorney General decides that possession of the property was reasonable or useful under the circumstances; and (3) it is presented in writing within one year after it accrues. (d) A claim may be paid under this section only if the claimant accepts the amount of the settlement in complete satisfaction of the claim. (e) Necessary amounts are authorized to be appropriated to carry out this section.

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