such officers, agencies, and employees of the Department of Labor as he shall designate."

Effective May 24, 1950, the Secretary of the Department of Labor directed that all functions, powers, and duties vested in the Secretary of Labor under sec. 1 of Reorganization Plan No. 19 of 1950 would be performed by or under the direction of the Director of the Bureau of Employees' Compensation except those functions relating to (1) personnel and business management, (2) the preparation and submission of annual and other reports and recommendations to Congress, and (3) so much of the functions, duties, and powers authorized under section 41 of the Longshoremen's and Harbor Workers' Compensation Act, and as authorized under section 33 (b) and (c) of the Federal Employees' Compensation Act, as relate to safety investigations, recommendations to employers, and the developing, supporting and fostering of organized safety promotion. See Department of Labor General Order No. 46, dated May 24, 1950, and Amendment No. 1 of September 6, 1950 and General Order No. 46 (Revised), dated October 13, 1959 (24 F.R. 72).

ESTABLISHMENT OF THE EMPLOYEES' COMPENSATION APPEALS BOARD Federal Security Agency Order No. 58, dated July 16, 1946, 11 F.R. 7943, established an Employees' Compensation Appeals Board to hold hearings and make decisions on appeals taken from determinations and awards, with respect to claims of employees of the Federal Government or of the District of Columbia, under the Federal Employees' Compensation Act. For regulations governing such appeals see 20 CFR, Parts 501 and 502.

TRANSFER OF THE FUNCTIONS OF THE EMPLOYEES' COMPENSATION APPEALS BOARD TO THE DEPARTMENT OF LABOR

SEC. 2 of Reorganization Plan No. 19 of 1950, effective May 24, 1950, 15 F.R. 3178, 39 Stat. 742, provided as follows:

"The Employees' Compensation Appeals Board of the Federal Security Agency, together with the functions thereof, is transferred to the Department of Labor. The functions of the Federal Security Administrator with respect to the Employees' Compensation Appeals Board are transferred to the Secretary of Labor. The Board shall continue to have authority to hear and, subject to applicable law and the rules and regulations of the Secretary of Labor, to make final decision on appeals taken from determinations and awards with respect to claims of employees of the Federal Government or of the District of Columbia." See Department of Labor General Order No. 46 (Revised), dated October 13, 1959 (24 F.R. 72).

U.S. GOVERNMENT PRINTING OFFICE: 1970 0-361-188

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 § 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.

§ 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 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. (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; replacement 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 243 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, § 3(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.