Public Law 78–189

That the Secretary of War, and, subject to appeal to the Secretary of War, such other officer or officers as he may designate for such purposes and under such regulations as he may prescribe, are hereby authorized to consider, ascertain, adjust, determine, settle and pay in an amount not in excess of $500, or in time of war not in excess of $1,000, where accepted by the claimant in full satisfaction and final settlement, any claim against the United States arising on or after May 27, 1941, when such claim is substantiated in such manner as the Secretary of War may by regulation prescribe, for damage to or loss or destruction of property, real or personal, or for personal injury or death, caused by military personnel or civilian employees of the War Department or of the Army while acting within the scope of their employment, or otherwise incident to noncombat activities of the War Department or of the Army, including claims for damage to or loss or destruction by criminal acts, of registered or insured mail while in the possession of the military authorities, claims for damage to or loss or destruction of personal property bailed to the Government and claims for damages to real property incident to the use and occupancy thereof, whether under a lease, express or implied, or otherwise: Provided, That the

Negligence or wrongful act of claimant.

damage to or loss or destruction of property, or the personal injury or death, shall not have been caused in whole or in part by any negligence or wrongful act on the part of the claimant, his agent, or employee. No claim shall be settled under this Act unless presented

Time limitation.

in writing within one year after the accident or incident out of which such claim arises shall have occurred: Provided, That if such accident

Extension in time of war.

or incident occurs in time of war, or if war intervenes within one year after its occurrence, any claim may on good cause shown be presented within one year after peace is established. The amount allowed on

Allowance In case of personal injury or death.

account of personal injury or death shall be limited to reasonable medical, hospital, and burial expenses actually incurred, except that no payment shall be made to any claimant in reimbursement for medical or hospital services furnished at the expense of the United States nor. in the case of burial, of such portion of the expense thereof as may be otherwise paid by the United States. Any such settlement

Settlement to be final.

made by the Secretary of War, or his designee, under the authority of this Act and such regulations as he may prescribe hereunder, shall be final and conclusive for all purposes, notwithstanding any other provision of law to the contrary. The provisions of this Act shall

Nonapplicability.

not be applicable to claims arising in foreign countries or possessions thereof which are cognizable under the provisions of the Act of January 2, 1942 (55 Stat. 880; 31 U. S. C. 224d), as amended, or to claims

Ante, p. 66.

for damage to or loss or destruction of property of military personnel or civilian employees of the War Department or of the Army, or for personal injury or death of such persons, if such damage, loss, destruction, injury, or death occurs incident to their service. The Secretary of

Claims in excess of designated amounts.

War may report such claims as exceed $500, or in time of war $1,000, to Congress for its consideration.

Sec. 2.

Such appropriations as may be required for the settlement

Appropriations authorized.

Post. pp. 545. 632.

of claims under the provisions of this Act are hereby authorized. Appropriations available to the War Department for the settlement or claims under the provisions of other laws shall be available for the settlement of claims of the same character under the provisions of this Act.

Sec. 3.

That portion of section 1 of the Act of August 24, 1912 (37

Repeals.

5 U. S. C., Supp, II, § 208.

Stat. 586), reading as follows: “Provided, That hereafter the Secretary of War is authorized to consider, ascertain, adjust, and determine the amounts due on all claims for damages to and loss of private property when the amount of the claim does not exceed the sum of one thousand dollars, occasioned by heavy gun fire and target practice of troops, and for damages to vessels, wharves, and other private property, found to be due to maneuvers or other military operations for which the Government is responsible, and report the amounts so ascertained and determined to be due the claimants to Congress at each session thereof through the. Treasury Department for payment as legal claims out of appropriations that may be made by Congress therefor.”, is hereby repealed.

Sec. 4.

The Act of December 28, 1922 (42 Stat. 1066; 31 U. S. C. 215–217), shall hereafter be inapplicable to the War Department.

Sec. 5.

Section 4 of the River and Harbor Act, approved June 25, 1910 (36 Stat. 676), as amended by the Act of June 5, 1920 (41 Stat. 1015: 33 U. S. C. 564). is hereby repealed.

Sec. 6.

The Act of March 3, 1885 (23 Stat. 350), as amended by the Act of July 9, 1918 (40 Stat. 880), and by the Act of March 4, 1921 (41 Stat. 1436), is hereby amended by adding, after section 5, the following sections:

“Sec. 5a.

Any authorization or direction in this Act to the Secretary of War, and any reference herein to a decision, declaration, or other action by the Secretary of War. shall include authorization or direction to. and action by, as the case may be. such other officer or officers as he may designate for such purposes, acting under such

Settlement to be final.

regulations as he may prescribe. Any settlement made by the Secretary of War; or his designee, under the authority of this Act, under such regulations as he may prescribe, shall be final and conclusive for all purposes, notwithstanding any other provisions of law to the contrary.

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“Sec. 5b.

The provisions of this Act shall be applicable also to civilian personnel and civilian employees of the War Department or of the Army, including such personnel and employees engaged on civil works.”

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Sec. 7.

The Act of February 13, 1936 (49 Stat. 1138; 31 U. S. C. 224a), shall hereafter be inapplicable to acts of officers, enlisted men, and employees of the Army and officers, employees, or agents of the War Department.