MILITARY PERSONNEL AND CIVILIAN

EMPLOYEES' CLAIMS ACT OF 1964

31 U.S.C. 240-243, 78 Stat. 767, P.L. 88-558; 79 Stat. 789, P.L. 89-185 8 240. Settlement of claims of military and civilian personnel for

damages to or loss of personal property incident to

service; definitions. 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. (Pub. L. 88-558, $ 2, Aug. 31, 1964, 78 Stat. 767; Pub. L. 89–185, § 3(a), Sept. 15, 1965, 79 Stat. 789.)

AMENDMENTS

1965-Par. (1). Pub. L. 89–185 inserted military department in the definition of "agency".

Par. (4). Pub. L. 89–185 added par. (4) defining "military department”.

SHORT TITLE

Section 1 of Pub. L. 88–558 provided : “That this Act (which enacted sections 240–242 of this title, amended section 2735 of Title 10, and repealed section 2732 of Title 10 and section 490 of Title 14) may be cited as the 'Military Personnel and Civilian Employees' Claims Act of 1964'.”

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 241, 243 of this title. 8 241. Same; payments. (a) Authority of heads of military departments and Secretary

of the Treasury; claims by members of uniformed services; limitation; replacement of property in kind; authority of Department of Defense over claims of civilian employees;

payments to survivors. (1) Under such regulations as the head of an agency may prescribe, he or his designee may settle and pay á 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) Under such regulations as the Secretary of Defense may prescribe, he or any officer designated by him as 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 subsection (a) is dead, the head of the agency 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, concurrently with, or after the decedent's death and is otherwise covered by subsection (a). Claims of survivors shall be settled and paid in the order named. (b) Members of non-military departments; limitation; replace

ment of property in kind; payments to survivors. (1) Subject to any policies the President may prescribe to effectuate the purposes of this subsection and

(A) under regulations the head of an agency (other than a military department, the Secretary of the Treasury with respect to the Coast Guard, the Department of Defense, or any agency or office referred to in subparagraph (B) of this paragraph) may prescribe for his agency or, in the case of ACTION, all of that part of ACTION other than the office referred to in such subparagraph, part thereof, he or his designee may settle and pay a claim arising after August 31, 1964, 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 or part thereof, for damage to, or loss of, personal property incident to his service; and

(B) under regulations the Secretary of State, the Administrator for the Agency for International Development, the Director of the United States Information Agency, the Director of the United States Arms Control and Disarmament Agency, the Director of ACTION with respect to the office of ACTION engaged primarily in carrying out the Peace Corps Act, and the Board of Directors of the Overseas Private Investment Corporation, may prescribe for their agencies or, in the case of ACTION, for such office, he or his designee may settle and pay a claim arising after August 31, 1964, against the United States for not more than $10,000 made by a civilian officer or employee of such agency or office 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 August 31, 1964. (c) Time limitation for presentation of claims.

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) Dates of beginning and ending of an armed conflict.

For the purposes of subsection (c)(1) of this section, the dates of beginning and ending of an armed conflict are the dates established by concurrent resolution of Congress or by a determination of the President. (e) Repealed. Pub. L. 91-311, July 8, 1970, 84 Stat. 412. (f) District of Columbia employees; personal property claims.

The provisions of sections 240 to 213 of this title apply in respect to the damage to, or loss of, personal property incident to service of any officer or employee of the government of the District of Columbia, irrespective of whether the damage or loss occurs within or outside the District of Columbia, except that in applying such provisions in connection with the damage or loss of personal property of an officer or employee of the government of the District of Columbia, the terms "agency” and “United States" shall be held to mean the government of the District of Columbia, and the term "head of agency” shall be held to mean the Commissioner of the District of Columbia. (Pub. L. 88–558, 83, Aug. 31, 1964, 78 Stat. 767; Pub. L. 89–185, 83(b), Sept. 15, 1965, 79 Stat. 789; Pub. L. 90–561, Oct. 12, 1968, 82 Stat. 998; Pub. L. 91–311, July 8, 1970, 84 Stat. 412.)

REFERENCES IN TEXT The "effective date of this Act" as used in reference to claims arising after such date and "enactment" as used in reference to claims settled before "enactment" probably means August 31, 1964, the date of approval of Pub. L. 88–558, rather than September 15, 1965, the date of approval of Pub. L. 89–185, even through Pub. L. 89-185 completely amended this section.

CODIFICATION

“Sections 240 to 243 of this title" in the original read “this Act" and referred to Pub. L. 88–558. For complete classification of Pub, L. 88–558, see Short Title note for "Military Personnel and Civilian Employee's Claims Act of 1964" under section 240 of this title.

AMENDMENTS 1970—Subsec. (e). Pub. L. 91-311 repealed subsec. (e) which directed the head of each agency to report to Congress once a year on claims settled under this section during the period covered by the report and required that the report include for each claim the name of the claimant, the amount claimed, and the amount paid.

1968Subsec. (f). Pub. L. 90–561 added subsec. (f).

1965—Subsec. (a). Pub. L. 89–185 added subsec. (a). Former subsec. (a) was redesignated as subsec. (b) (1) and amended and former subsec. (b) was redesignated as subsec. (b) (2) and amended.

Subsec. (b) (1). Pub. L. 89–185 redesignated former subsec. (a) as subsec. (b) (1), made its provisions subject to any policies the President may prescribe to effectuate the purposes of this subsec, and removed the heads of the military departments, the Secretary of the Treasury with regard to the Coast Guard, and the Department of Defense from the classification of head of an agency bound by subsec. (b).

Subsec. (b)(2). Pub. L. 89–185 redesignated former subsec. (b) as subsec. (b) (2) and substituted "If a person named in this subsection is dead" and “otherwise covered by this subsection" for "If a person named in subsection (a) of this section is dead” and “otherwise covered by subsection (a) of this section" respectively.

Subsec. (c). Pub. L. 89–185 substituted “A claim may be allowed under this section" for "A claim may be allowed under subsection (a) of this section".

RECONSIDERATION AND RESETTLEMENT OF CLAIMS PREVIOUSLY SETTLED FOB $6,500

SOLELY BY REASON OF PREVIOUS $6,500 MAXIMUM LIMITATION Section 4 of Pub. L. 89_185 provided that: “Sections 1 and 2 of this Act [amending section 2732 (a) of Title 10, Armed Forces, and former section 490 (a) of Title 14, Coast Guard, by raising to $10,000 the allowable claim in both sections) are effective July 2, 1952, and section 3 of this Act (amending the section by raising to $10,000 the allowable claim in certain cases) is effective August 31, 1964, for the purpose of reconsideration of settled claims as provided in this section (this note). 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 Em. ployees' Claims Act of 1964, (section 242 of this title), 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 Personnel 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 Personnel and Civilian Employees' Claims Act of 1964 (subsec. (a) of this section) may, upon written request of the claimant made within one year from the date of enactment of this Act, (Sept. 15, 1965), be reconsidered and settled under the amendments contained in sections 1, 2, and 3 of this Act."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 240, 243 of this title. 8 242. Same; conclusiveness of settlement.

Notwithstanding any other provision of law, the settlement of a claim under sections 240 to 243 is final and conclusive. (Pub. L. 88–558. $ 4, Aug. 31, 1964, 78 Stat. 768.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 240, 241, 243 of this title. § 243. Same; limitation on agent or attorney fees; violation;

penalty. No more than 10 per centum of the amount paid in settlement of each individual claim submitted and settled under the authority of sections 240 to 243 of this title shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with that claim and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of sections 240 to 243 of this title shall be deemed quilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. (Pub. L. 88–558, § 8, as added Pub. L. 89–185, § 5, Sept. 15, 1965, 79 Stat. 791.)

CODIFICATION

"Sections 240 to 243 of this title" in the orginal read “this Act" and referred to Pub. L. 88–558. For complete classification of Pub. L. 88-558, see Short Title note for "Military Personnel and Civilian Employees' Claims Act of 1964" under section 240 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 241 of this title.