Page:United States Statutes at Large Volume 70A.djvu/212

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154 (3) it is not for personal injury or death of such a member or civilian officer or employee whose injury or death is incident to his service; (4) the damage to, or loss of, property, or the personal injury or death, was not caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee; and (5) it is substantiated as prescribed in regulations of the Secretary concerned. (c) A claim for personal injury or death under subsection (a) may not be allowed for more than the cost of reasonable medical, hospital, and burial expenses actually incurred, and not otherwise furnished o r paid by the United States. (d) The Secretary of the military department concerned may report a claim for more than $1,000 that would otherwise be covered by this section to Congress for its consideration. (e) No claim may be paid under subsection (a) unless the amount tendered is accepted by the claimant in full satisfaction. (f) For the purposes of this section, a member of the Coast and Geodetic Survey or of the Public Health Service who is serving with the Navy or Marine Corps shall be treated as if he were a member of that armed force. § 2734.

Property loss; personal injury or death: incident to noncombat activities of Department of Army, Navy, or Air Force; foreign countries (a) To promote and maintain friendly relations through the prompt settlement of meritorious claims arising in foreign countries, the Secretary of a military department or any officer designated by him may, under such regulations as the Secretary may prescribe, appoint one or more claims commissions, each composed of one or more commissioned officers of the armed forces under his jurisdiction, to settle and pay any claim for not more than $5,000, for— (1) damage to, or loss of, real property of any foreign country or of any political subdivision or inhabitant of that country, including damage or loss incident to use and occupancy; (2) damage to, or loss of, personal property of any foreign country or of any political subdivision or inhabitant of that country, including property bailed to the United States; or (3) personal injury to, or death of, any inhabitant of a foreign country; if the damage, loss, personal injury, or death occurs in that country and is caused by, or is otherwise incident to noncombat activities of, the armed forces under his jurisdiction, or is caused by a member thereof or by a civilian employee of the department concerned. The claim of an insured, but not that of a subrogee, may be considered under this subsection. I n this section, "foreign country" includes any place under the jurisdiction of the United States in a foreign country. (b) A claim may be allowed under subsection (a) only if— (1) it is presented within one year after it accrues; (2) in the case of a national of a country at war with the United States, or of any ally of that country, the claimant is determined by the commission or by the local military commander to b© friendly to the United States; and