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 L. 91-311 repealed subsec.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. 1968 Subsec. (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 FOR $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 Employees' 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. § 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. Public Law 88-558 88th Congress, H. R. 6910 August 31, 1964 An Act 78 STAT. 767, To provide for the settlement of claims against the United States by members of the uniformed services and civilian officers and employees of the United States for damage to, or loss of, personal property incident to their service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Military Perbe cited as the "Military Personnel and Civilian Employees' Claims sonnel and Act of 1964”. SEC. 2. As used in this Act Civilian De ployees' Claims Definitions. (1) "agency" includes an executive department, independent Act of 1964. 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. SEC. 3. (a) Under such regulations as the head of an agency may Limitation. 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. (b) If a person named in subsection (a) is dead, the head of the Deceased peragency concerned, or his designee, may settle and pay any claim made sons. by the decedent'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 subsection (a). Claims of survivors shall be settled and paid in the order named. (c) A claim may be allowed under subsection (a) for damage to, or Conditions. 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 armed 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 Report to on claims settled under this section during the period covered by the Congress. 10 USC 27312736. 70A Stat. 155. Repeals. 72 Stat. 1461. 14 USC 461-511. 63 Stat. 534; 72 Stat. 832. Pub. Law 88-558 78 STAT. 768, - 2 August 31, 1964 report. The report shall include for each claim the name of the claimant, the amount claimed, and the amount paid. SEC. 4. Notwithstanding any other provision of law, the settlement of a claim under this Act is final and conclusive. SEC. 5. Chapter 163 of title 10, United States Code, is amended, effective two years from the date of this Act, as follows: (1) Section 2735 is amended by striking out the figure "2732," and the comma after the figure "2733". '(2) The analysis is amended by striking out the following item: "2732. Property loss: incident to service; members of Army, Navy, Air Force, or Marine Corps and civilian employees." (3) Section 2732 is repealed. SEC. 6. Section 2 of the Act of June 7, 1956, chapter 376 (70 Stat. 255), is repealed. SEC. 7. Chapter 13 of title 14, United States Code, is amended, effective two years from the date of this Act, as follows: (1) The analysis is amended by striking out the following item: "490. Settlement of claims of military and civilian personnel." (2) Section 490 is repealed. Approved August 31, 1964. LEGISLATIVE HISTORY: HOUSE REPORT No. 460 (Comm. on the Judiciary). Vol. 109 (1963): July 15, passed House. Vol. 110 (1964): Aug. 14, considered and passed Senate, amended. Aug. 20, House concurred in Senate amendment. |