An Act to provide for settlement of claims resulting from the disaster which occurred at Texas City, Tex., on April 16 and 17, 1947.
PL 84-378 (S.1077), enacted 08/12/1955

69 S T A T . ] 
PUBLIC LAW 378-AUG. 12, 1955 
707 
EXERCISE o r FUNCTIONS 
SEC. 9. The functions granted to the Surgeon General under this 
Act shall be exercised under the supervision and direction of the 
Secretary of Health, Education, and Welfare. 
DEFINITIONS 
SEC. 10. For purposes of this Act— 
(a) The term "Surgeon General" means the Surgeon General of 
the Public Health Service. 
(b) (1) The term "eligible person" means any individual who has 
not attained the age of twenty years and any expectant mother. 
(2) The number of eligible persons shall be determined by the 
Surgeon General, as of June 30, 1955, on the basis of estimates devel-
oped after consideration of the latest information furnished by the 
Department of Commerce or any other department or agency of the 
United States. 
(3) The number of unvaccinated eligible persons means the num-
ber of eligible persons, reduced by (A) the number who were vacci-
nated against poliomyelitis during 1954, and (B) two-thirds of the 
number who the Surgeon General estimates will receive vaccination 
under the current program of the National Foundation for Infantile 
Paralysis. 
(c) The term "State" includes Alaska, Hawaii, Puerto Rico, the 
Virgin Islands, Guam, American Samoa, the Canal Zone, and the 
District of Columbia. 
(d) Th'^ cost of the poliomyelitis vaccine shall be determined by 
the Surgeon General on the basis of information available to him; 
and such cost may be determined from time to time or as of a specified 
date and may be determined to be a single figure for all States or 
varied in accordance with actual cost. 
(e) The term "approved nonprofit organization" means, in the 
case of any State, a nonprofit organization approved by the State 
agency responsible for administration or supervision of administra-
tion of the State plan. 
Approved August 12, 1955. 
Public Law 378 
CHAPTER 864 
AN ACT 
To provide for settlement of claims resulting from the disaster which occurred 
at Texas City, Texas, on April 16 and 17, 1947. 
August 12, 1955 
[S. 1077] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ The Congress rec-
ognizes and assumes the compassionate responsibility of the United 
States for the losses sustained by reason of the explosions and fires 
at Texas City, Texas, and hereby provides the procedure by which 
the amounts shall be determined and paid. 
SEC. 2. The Secretary of the Army or such persons as he may 
designate shall investigate and settle claims against the United States 
for death, personal injury, and property losses proximately resulting 
from the disaster at Texas City, Texas, on April 16 and 17,1947, com-
monly referred to as the Texas City disaster. 
SEC. 3. (a) Claimants shall submit their claims in writing to the 
Secretary of the Army, under such rules as he prescribes, within one 
hundred eighty days after the enactment of this Act. 
Texas City dis-
aster. 
C l a i m s settle-
ment. 
708 
PUBLIC LAW 378-AUG. 12, 1955 
[69 S T A T 
Limitations on 
amounts. 
Report 
gress 
s to Coi^ 
No claim shall be entertained by the Secretary of the Army unless 
it shall appear to his satisfaction that such claim was a part of a civil 
action filed against the United States in a United States district 
court prior to April 25, 1950, except that, for good cause, the Secre-
tary may waive the limitation date of April 25, 1950, where it is 
shown that claimant, by reason of infancy, insanity, or other legal 
reason, was unable to bring such civil action. 
(b) The Secretary of the Army shall promulgate and publish rules 
of procedure for handling the claims referred to in section 2 within 
sixty days after the date of enactment of this Act. 
He shall determine and fix the amount of awards, if any, in each 
claim within twelve months from the date on which the claim was 
submitted. 
Except as otherwise provided herein, the law of the State of Texas 
shall apply. 
SEC. 4. Since it is the intention and purpose of this Act, and of the 
Congress, to relieve the claimants hereunder, the Secretary of the 
Army shall limit himself to the determination of— 
(1) whether the losses sustained resulted from the explosions 
and fires at Texas City on April 16 and 17,1947; 
(2) the amounts to be allowed and paid pursuant to this Act; 
and 
(3) the persons entitled to receive the same. 
SEC. 5. (a) Claims for awards based on death shall be submitted 
only by duly authorized legal representatives. No claim under this 
subsection shall be approved by the Secretary of the Army in amount 
in excess of $25,000. 
(b) No claims for personal injuries may be approved by the Sec-
retary of the Army in amount in excess of $25,000. 
(c) No claim for property losses may be approved by the Secretary 
of the Army in amount in excess of $25,000. 
SEC. 6. (a) In determining the amounts to be awarded for death, 
personal injury, or property losses, the Secretary of the Army shall 
reduce any such amount by an amount equal to the total of insurance 
benefits (except life insurance benefits), or other payments or settle-
ments of any nature, previously paid with respect to such death claims, 
personal injury, or property loss. 
(b) Payments approved by the Secretary of the Army on death, 
personal injury, and property loss claims, shall not be subject to 
insurance subrogation claims in any respect. 
(c) The Secretary of the Army shall not include in an award any 
amount for reimbursement to any insurance company or compensa-
tion insurance fund for loss payments made by such company or fund. 
(d) Except as to the United States, no claim cognizable under this 
Act shall be assigned or transferred. 
SEC. 7. The Secretary of the Treasury shall pay out of moneys in 
the Treasury not otherwise appropriated, the claims referred to in 
this Act in the amounts approved for payment by the Secretary of 
the Army. 
SEC. 8. A payment made under the provisions of section 7 shall 
be in full settlement and discharge of all claims against the Govern-
ment of the United States. 
SEC. 9. The Secretary of the Army shall require assignment to the 
United States of any right of action against a third party arising 
from the death, personal injury, or property loss claim with respect 
to which settlement is made. 
SEC. 10. The Secretary of the Army shall, twenty-four months after 
the date of enactment of this Act transmit to the Congress— 
69 
S T A T . ] 
PUBLIC LAW 380-AUG. 12, 1955 
709 
(a) a statement of each claim submitted to the Secretary of the 
Army in accordance with this Act which has not been settled by 
him, with supporting papers and a report of his findings of facts 
and recommendations; and 
(b) a report of each claim settled by him and paid pursuant to 
this Act. The reports shall contain a brief statement concern-
ing the character and justice of each claim, the amount claimed, 
and the amount approved and paid. 
SEC. 11. Attorney and agent fees shall be paid out of the awards 
hereunder. Xo attorney or agent on account of services rendered in 
connection with each claim shall receive in excess of 10 per centum 
of the amount paid, any contract to the contrary notwithstanding. 
Whoever violates the provisions of this Act shall be fined a sum 
not to exceed $5,000. 
SEC. 12. If any particular provision of this Act or the application 
thereof to any person or circumstance, is held invalid, the remainder 
of the Act shall not be affected thereby. 
Approved August 12, 1955. 
Att o r n e y a n d 
agent fees. 
Penalty for vio-
1 ations. 
Separability; 
Public Law 379 
CHAPTER 865 
AN ACT 
To repeal the miuiufacturers excise tax on motorcycles. 
August 12, 1955 
[H. R. 5647] 
Be it enacted hy the Senate and House of Rejyresentatives of the 
United States of America in Congress assembled^ That section 4061 
(a) (2) of the Internal Revenue Code of 1954 (relating to tax on 
certain motor vehicles) is hereby amended by striking out "Motor-
cycles.". 
SEC. 2. The amendment made by the first section of this Act shall 
apply only with respect to articles sold on or after the first day of the 
first month which begins more than ten days after the date of the 
enactment of this Act. 
Approved August 12, 1955. 
68A Stat. 481. 
26 u s e 4061. 
Public Law 380 
CHAPTER 866 
^^ ^^^ 
August 12, 1955 
To provide for the granting of career-conditional and career appointments to 
[S. 1849] 
certain qualified employees. 
Be it enacted hy the Senate and Hmise of Representatives 
of the 
United States of America in Congress assembled^ That the appoint-
ment of each employee of the Federal Government or the municipal 
government of the District of Columbia who— 
(1) on the effective date of this Act is serving under an indefi-
nite or temporary appointment in a position in the competitive 
civil service other than a position for which the salary is fixed by 
the Postal Field Service Compensation Act of 1955 (Public Law 
68, Eighty-fourth Congress); 
(2) on January 23, 1955, was serving in a position in the com-
petitive civil service; 
(3) from January 23, 1955, to the effective date of this Act, 
served in a position or positions in the competitive civil service 
without break in service; 
(4) (A) during the period beginning June 3,1950, and ending 
January 23, 1955, passed a qualifying examination for a position 
Government en> 
ployees. 
C a r e et^condi-
tional and career 
appo int me nt s. 
Ante, p. 88<