An Act to amend titles 10 and 14, United States Code, and the Military Personnel and Civilian Employees Claims Act of 1964, with respect to 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
PL 89-185 (H.R.5024), enacted 09/15/1965

79 STAT. ] 
PUBLIC LAW 89-185-SEPT. 15, 1965 
789 
Public Law 89-185 
AN ACT 
To amend titles 10 and 14, United States Code, and the Military Personnel and 
Civilian Employees' Claims Act of 1964, with respect to 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. 
September 15, 1965 
[H. R. 5024] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That section 2732 
of title 10, United States Code, is amended as follows: 
Subsection (a) is amended by striking out "$6,500" and inserting in 
place thereof "$10,000". 
SEC. 2. Section 490(a) of title 14, United States Code, is amended 
by striking out "$6,500" and inserting in place thereof "$10,000". 
SEC. 3. (a) Section 2 of the Military Personnel and Civilian Claims 
Act of 1964 (78 Stat. 767) is amended to read as follows: 
"SEC. 2. As used in this Act— 
"(1) 'agency' includes an executive department, 
military 
department, independent establishment, or corporation primarily 
acting as an instrumentality of the ITnited 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." 
(b) Section 3 of the Military Personnel and Civilian Employees' 
Claims Act of 1964 (78 Stat. 767) is amended to read as follows: 
"SEC. 3. (a)(1) Under such regulations as the Secretary of a mili-
tary department, or the Secretary of the Treasury with respect to the 
Coast Guard when it is not operating as a part of the Navy, may pre-
scribe, 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 
$10,000 made by a member of the uniformed services under the juris-
diction of that department or the Coast Guard or by a civilian officer 
or employee of that department or the Coast Guard, 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 pre-
scribe, he or any officer designated by him has 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 this subsection is dead, the Secretary 
of the military department 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 before, concur-
rently with, or after the decedent's death and is otherwise covered by 
this subsection. 
Claims of survivors shall be settled and paid in the 
order named. 
Uniformed serv-
ices. 
Claims s;ettle-
ment. 
72 Stat. 1461. 
72 Stat. 832. 
31 u s e 240. 
Definitions. 
Military depart-
ments. 
$10,000 limita-
tion. 
3 1 u s e 241. 
eivilian em-
ployees. 
790 
PUBLIC LAW 89-185-SEPT. 15, 1965 
[79 STAT. 
Non-military 
departments. 
$6,500 limita-
tion. 
Settlement con-
ditions. 
War duration, 
determination. 
Report to Con-
gress. 
Effective dates. 
70A Stat. 155. 
72 Stat. 832. 
54 Stat. 1061. 
78 Stat. 768. 
31 u s e 242. 
31 u s e 222c. 
72 Stat. 1461. 
31 u s e 241. 
"(b)(1) Subject to any policies the President may prescribe to 
effectuate the purposes of this subsection and under such regulations 
as the head of an agency, cyther than a military department, the Sec-
retary of the Treasury with respect to the Coast Guard, or the Depart-
ment of Defense, 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) If a person named in this subsection is dead, the head of the 
agency concerned, or his designee, may settle and pay any claim made 
by the decendent'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 this subsection. Claims of survivoi-s shall be settled and 
paid in the order named." 
(c) 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 T'nited 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 pre-
sented not later than two years after that cause ceases to exist, 
or two years after the war or armed conflict is terminated, which-
ever 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 anned conflict are the dates established by concur-
rent resolution of Congress or by a determination of the President. 
(e) The head of each agency shall report once a year to Congress 
on claims settled under this section during the period covered by 
the report. 
The report shall include for each claim the name of 
the claimant, the amount claimed, and the amount paid. 
SEC. 4. Sections 1 and 2 of this Act are effective July 2,1952, and 
section 3 of this Act is effective August 31, 1964, for the purpose of 
reconsideration of settled claims as provided m this section. 
Not-
withstanding section 2735 of title 10, United States Code, section 490 
(a) of title 14, United States Code, the Act of October 9, 1940, chap-
ter 788 (31 U.S.C. 71a), or section 4 of the Military Personnel and 
Civilian Employees' Claims Act of 1964, a claim heretofore settled 
in the amount of $6,500 solely by reason of the maximum limitation 
established by section 1(a) of the Military Persoimel Claims Act of 
1945, as amended (70 Stat. 255), section 2732(a) of title 10, United 
States Code, section 490(a) of title 14, United States Code, or section 
3(a) of the Military Persoimel and Civilian Employees' Claims xA.ct 
of 1964 may, upon written request of the claimant made within one 
year from the date of enactment of this Act, be reconsidered and 
settled under the amendments contained in sections 1, 2, and 3 of 
this Act. 
79 STAT. ] 
PUBLIC LAW 89-187-SEPT. 15, 1965 
791 
SEC. 6. The Military Pei'sonnel and Civilian Employees' Claims Act 
of 1964 (78 Stat 767) is amended by the addition of the following 
section: 
"SEC. 8. No more than 10 per centmn of the amomit paid in set-
tlement of each individual claim submitted and settled under the 
authority of this Act shall be paid or delivered to or received by any 
agent or attorney on account of services rendered in connection with 
that claim and the same shall be unlawful, any contract to the contrary 
notwithstanding. 
Any person violating the provisions of this Act 
shall be deemed guilty of a misdemeanor and upon conviction thereof 
shall be fined in any sum not exceeding $1,000.^' 
Approved September 15, 1965. 
Limitation. 
31 u s e 240 note. 
Penalty. 
Public Law 89-186 
AN A C T 
September 15, 1965 
To provide (.ontiuuiug antliority for the protectiou «
)
f former I'resiileiits ami 
1
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^
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"
^
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their wives or widows, and for other puriMises. 
Be it enacted hy the Senate and House of Rei)re>fentat'rve>? of the 
United States of Anieiica 
In CongreH.s a-si.^emh1ed^ That the second 
clause of title 18, United States C'ode, section 3056, is amended to read 
as follows: "protect the person of a former President and his wife 
during his lifetime and the person of a widow and minor children of a 
former President for a period of four years after he leases or dies in 
office, miless sucli protection is dex-lined;". 
Approved September 15, 1965. 
Former Presi-
dents and fam-
ilies. 
Protection. 
65 Stat. 122; 
76 Stat. 9 56. 
Public Law 89-187 
JOINT RESOLUTION 
To establish a tercentenary commission to commemorate the advent and history 
of Father Jacques Marquette in North America, and for other purposes. 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assemhled^ That (a) there is established 
a commission to be known as the Father Marquette Tercentenary Com-
mission, which shall be composed of twelve members as follows: 
(1) Four Members of the Senate to be appointed by the Presi-
dent of the Senate; 
(2) Four Members of the House of Eepresentatives to be 
appointed by the Speaker of the House of Eepresentatives; and 
(3) Four members to be appointed by the President of the 
United States. 
(b) The President shall, at the time of appointment, designate one 
of the members appointed by him to serve as Chairman and executive 
officer. 
The members of the Commission shall receive no salary by 
reason of their services as members, but the executive officer may 
reimburse them for reasonable and necessary expenses incurred by 
them in conducting Commission business. 
(c) Any vacancy in the Commission shall not affect its powers, but 
shall be filled in the same manner in which the original appointment 
was made. 
SEC. 2. The functions of the Commission shall be to develop and 
execute suitable plans for the celebration of the three hundredth anni-
versary of the advent and subsequent history of Father Jacques 
September 15, 1965 
[S. J. Res. 53] 
Father Marquette 
Tercentenary Com-
mission. 
Establishment. 
Functions.