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 Per be cited as the "Military Personnel and Civilian Employees' Claims sonnel and Act of 1964".

Civilian Dio Sec. 2. As used in this Act

ployees' Claims (1). "agency” includes an executive department, independent Act of 1964.

Definitions. 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 per agency 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 acerues, 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.

Pub. Law 88-558

2 - August 31, 1964 78 STAT. 768,

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. 10 USC 2731- Sec. 5. Chapter 163 of title 10, United States Code, is amended, 2736.

effective two years from the date of this Act, as follows: 70A Stat. 155. (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." Repeals.

(3) Section 2732 is repealed.

Sec. 6. Section 2 of the Act of June 7, 1956, chapter 376 (70 Stat. 72 Stat. 1461. 255), is repealed. 14 USC 461-511, 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." 63 Stat. 534; (2) Section 490 is repealed.

Approved August 31, 1964.

MEDICAL RECOVERY ACT

(42 U.S.C. 1-3, 76 Stat. 593-594) 8 2651. Recovery by United States. (a) Conditions; exceptions; persons liable; amount of recovery;

subrogation; assignment. In any case in which the United States is authorized or required by law to furnish hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) to a person who is injured or suffers a disease, after the effective date of this Act, under circumstances creating a tort liability upon some third person (other than or in addition to the United States and except employers of seamen treated under the provisions of section 322 of this Act of July 1, 1944 (58 Stat. 696), as amended (42 USC 249) to pay damages therefor, the United States shall have a right to recover from said third person the reasonable value of the care and treatment so furnished or to be furnished and shall, as to this right be subrogated to any right or claim that the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors has against such third person to the extent of the reasonable value of the care and treatment so furnished or to be furnished. The head of the department or agency of the United States furnishing such care or treatment may also require the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors, as appropriate, to assign his claim or cause of action against the third person to the extent of that right or claim. (b) Enforcement procedure; intervention; joinder of parties;

State or Federal court proceedings. The United States may, to enforce such right, (1) intervene or join in any action or proceeding brought by the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors, against the third person who is liable for the injury or disease; or (2) if such action or proceeding is not commenced within six months after the first day in which care and treatment is furnished by the United States in connection with the injury or disease involved, institute and prosecute legal proceedings against the third person who is liable for the injury or disease, in a State or Federal court, either alone (in its own name or in the name of the injured person, his guardian, personal representative, estate, dependents, or survivors) or in conjunction with the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors. (c) Veterans' exception.

The provisions of this section shall not apply with respect to hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) furnished by the Veterans' Administration to an eligible veteran for a service-connected disability under the provisions of chapter 17 of Title 38 United States Code. (Pub. L. 87-693, § 1, Sept. 25, 1962, 76 Stat. 593.)

REFERENCES IN TEXT Effective date of this Act, referred to in subsec. (a), as the first day of the fourth month following September, 1962, see effective date note under this section.

EFFECTIVE DATE Section 4 of Pub. L. 87-693 provided that: “This Act (enacting this chapter ) becomes effective on the first day of the fourth month following the month (September, 1962) in which enacted.”

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2652, 2653 of this title. 8 2652. Regulation. (a) Determination and establishment of reasonable value of care

and treatment. The President may prescribe regulations to carry out this Act, including regulations with respect to the determination and establishment of the reasonable value of the hospital, medical, surgical, or dental care and treament (including prostheses and medical appliances) furnished or to be furnished. (b) Settlement, release and waiver of claims.

To the extent prescribed by regulations under subsection (a) of this section, the head of the department or agency of the United States concerned may (1) compromise, or settle and execute a release of any claim which the United States has by virtue of the right established by section 1; or (2) waive any such claim, in whole or in part, for the convenience of the Government, or if he determines that collection would result in undue hardship upon the person who suffered the injury or disease resulting in care or treatment described in section 1. (c) Damages recoverable for personal injury unaffected.

No action taken by the United States in connection with the rights afforded under this legislation shall operate to deny to the injured person the

recovery for that portion of his damage not covered hereunder. (Pub. L. 87-693, § 2, Sept. 25, 1962, 76 Stat. 593.)

Ex. ORD. No. 11060. DELEGATION OF AUTHORITY TO PRESCRIBE REGULATIONS Ex. Ord. No. 11060, Nov. 7, 1962, 27 F.R. 10925, provided :

Under and by virtue of the authority vested in me by Title 3 of the United States Code and by Section 2(a) of the Act of September 25, 1962 (Public Law 87-693) (subsec. (a) of this section), it is hereby ordered as follows:

SECTION 1. The Director of the Bureau of the Budget shall, for the purposes of the Act of September 25, 1962, [this chapter), from time to time, determine and establish rates that represent the reasonable value of hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) furnished or to be furnished.

SEC. 2. Except as provided in Section 1 of this order, the Attorney General shall prescribe regulations to carry out the purposes of the Act of September 25, 1962 (this chapter).

JOHN F. KENNEDY.