§ 715. — Property loss; personal injury or death: activities under certain sections of this title.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 32USC715]
TITLE 32--NATIONAL GUARD
CHAPTER 7--SERVICE, SUPPLY, AND PROCUREMENT
Sec. 715. Property loss; personal injury or death: activities
under certain sections of this title
(a) Under such regulations as the Secretary of the Army or Secretary
of the Air Force may prescribe, he or, subject to appeal to him, the
Judge Advocate General of the armed force under his jurisdiction, if
designated by him, may settle and pay in an amount not more than
$100,000 a claim against the United States for--
(1) damage to, or loss of, real property, including damage or
loss incident to use and occupancy;
(2) damage to, or loss of, personal property, including property
bailed to the United States or the National Guard and including
registered or insured mail damaged, lost, or destroyed by a criminal
act while in the possession of the National Guard; or
(3) personal injury or death; either caused by a member of the
Army National Guard or the Air National Guard, as the case may be,
while engaged in training or duty under section 316, 502, 503, 504,
or 505 of this title or any other provision of law for which he is
entitled to pay under section 206 of title 37, or for which he has
waived that pay, and acting within the scope of his employment; or
otherwise incident to noncombat activities of the Army National
Guard or the Air National Guard, as the case may be, under one of
those sections.
(b) A claim may be allowed under subsection (a) 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 armed
conflict 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 the war or armed conflict
is terminated;
(2) it is not covered by section 2734 of title 10 or section
2672 of title 28;
(3) it is not for personal injury or death of such a member or a
person employed under section 709 of this title, 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, or, if so caused,
allowed only to the extent that the law of the place where the act
or omission complained of occurred would permit recovery from a
private individual under like circumstances; and
(5) it is substantiated as prescribed in regulations of the
Secretary concerned.
For the purposes of clause (1), the dates of the beginning and end of an
armed conflict are the dates established by concurrent resolution of
Congress or by a determination of the President.
(c) Payment may not be made under this section for reimbursement for
medical, hospital, or burial services furnished at the expense of the
United States or of any State or the District of Columbia or Puerto
Rico.
(d) If the Secretary concerned considers that a claim in excess of
$100,000 is meritorious, and the claim otherwise is payable under this
section, the Secretary may pay the claimant $100,000 and report any
meritorious amount in excess of $100,000 to the Secretary of the
Treasury for payment under section 1304 of title 31.
(e) Except as provided in subsection (d), no claim may be paid under
this section unless the amount tendered is accepted by the claimant in
full satisfaction.
(f) Under regulations prescribed by the Secretary concerned, an
officer or employee under the jurisdiction of the Secretary may settle a
claim that otherwise would be payable under this section in an amount
not to exceed $25,000. A decision of the officer or employee who makes a
final settlement decision under this section may be appealed by the
claimant to the Secretary concerned or an officer or employee designated
by the Secretary for that purpose.
(g) Notwithstanding any other provision of law, the settlement of a
claim under this section is final and conclusive.
(h) In this section, ``settle'' means consider, ascertain, adjust,
determine, and dispose of a claim, whether by full or partial allowance
or disallowance.
(Added Pub. L. 86-740, Sec. 1(1), Sept. 13, 1960, 74 Stat. 878; amended
Pub. L. 87-649, Sec. 8(b), Sept. 7, 1962, 76 Stat. 495; Pub. L. 90-486,
Sec. 2(3), Aug. 13, 1968, 82 Stat. 756; Pub. L. 90-525, Sec. 6, Sept.
26, 1968, 82 Stat. 878; Pub. L. 91-312, Sec. 3, July 8, 1970, 84 Stat.
412; Pub. L. 92-445, Sept. 29, 1972, 86 Stat. 745; Pub. L. 93-336,
Sec. 3, July 8, 1974, 88 Stat. 292; Pub. L. 98-564, Sec. 4, Oct. 30,
1984, 98 Stat. 2919; Pub. L. 104-316, title II, Sec. 202(r), Oct. 19,
1996, 110 Stat. 3844.)
Amendments
1996--Subsec. (d). Pub. L. 104-316 substituted ``Secretary of the
Treasury'' for ``Comptroller General''.
1984--Subsec. (a). Pub. L. 98-564, Sec. 4(1), substituted
``$100,000'' for ``$25,000''.
Subsec. (d). Pub. L. 98-564, Sec. 4(2), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: ``If the
Secretary of the military department concerned considers that a claim in
excess of $25,000 is meritorious and would otherwise be covered by this
section, he may pay the claimant $25,000 and report the excess to
Congress for its consideration''.
Subsec. (f). Pub. L. 98-564, Sec. 4(3), amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows: ``In any
case where the amount to be paid is not more than $5,000, the authority
contained in subsection (a) may be delegated to any officer of the Army
or the Air Force, as the case may be, who has been delegated authority
under section 2733(g) of title 10, to settle similar claims, subject to
appeal to the Secretary concerned, or his designee for that purpose''.
1974--Subsecs. (a), (d). Pub. L. 93-336, Sec. 3(1), (2), substituted
``$25,000'' for ``$15,000''.
Subsec. (f). Pub. L. 93-336, Sec. 3(3), substituted ``$5,000'' for
``$2,500''.
1972--Subsec. (b)(4). Pub. L. 92-445 inserted provision that claim
may be allowed to extent that law of place where act or omission
complained of occurred would permit recovery from a private individual
under similar circumstances, when damage to or loss of property, or
personal injury or death was caused wholly or partly by a negligent or
wrongful act of claimant, his agent, or his employee.
1970--Subsecs. (a), (d). Pub. L. 91-312 substituted ``$15,000'' for
``$5,000''.
1968--Subsec. (a). Pub. L. 90-486 struck out ``caused by a person
employed under section 709 of this title acting within the scope of his
employment;'' after ``acting within the scope of his employment;''.
Subsec. (f). Pub. L. 90-525 increased limitation on amount of
settlement from $1,000 to $2,500 and provided for appeals to Secretary
concerned, or his designee, from determinations delegating authority to
settle claims to an officer of the Army or the Air Force.
1962--Subsec. (a)(3). Pub. L. 87-649 substituted ``section 206 of
title 37'' for ``section 301 of title 37''.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-486 effective Jan. 1, 1968, except that no
deductions or withholding from salary which result therefrom shall
commence before the first day of the first pay period that begins on or
after Jan. 1, 1968, see section 11 of Pub. L. 90-486, set out as a note
under section 709 of this title.
Effective Date of 1962 Amendment
Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15
of Pub. L. 87-649, set out as an Effective Date note preceding section
101 of Title 37, Pay and Allowances of the Uniformed Services.
Savings Provision for Claims Arising Before January 1, 1969
Settlement and payment of claims arising under this section before
January 1, 1969, see section 3(a) of Pub. L. 90-486, set out as a note
under section 709 of this title.
Section Referred to in Other Sections
This section is referred to in title 10 section 2736; title 31
section 1304.
