An Act to amend title 32, United States Code, to authorize the payment of certain claims against the National Guard
PL 86-740 (S.1764), enacted 09/13/1960

c l a i m s 
against 
U. S 
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PUBLIC LAW 86-740-SEPT. 13, 1960 
[74 S T A T . 
Public Law 86-740 
September 13. I960 
A N A C T 
•
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To amend title 32, United States Code, to authorize the payment of certain 
claims against the National Guard. 
Be it enacted hy the Senate and House of Representatives 
of the 
f%''y^mi^nf% 
United States of America in Congress assembled^ That chapter 7 of 
' 
- . - title 32, United States Code, is amended— 
(1) by adding the following new section at the end thereof: 
"§ 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 Sec-
retary 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 
$5,000 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 prop-
erty bailed to the United States or the National Guard and in-
cluding 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 
63 Stat. 825. 
sectiou 301 of title 37, or for which he has waived that pay, and 
acting within the scope of his employment; caused by a person 
7
0
A Stat. 614. 
employed under section 709 of this title 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 m 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; 
^72 Stat. 1461; 62 
«/g) it is uot 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 
7
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A Stat. 614. 
persou 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 wrong-
ful act of the claimant, his agent, or his employee; 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 reimburse-
ment for medical, hospital, or burial services furnished at the exj)ense 
of the United States or of any State or the District of Columbia or 
Puerto Rico. 
74 S T A T . ] 
PUBLIC LAW 8 6 - 7 4 1 - S E P T . 13, 1960 
879 
"(d) If the Secretary of the military department concerned con-
siders that a claim in excess of $5,000 is meritorious and would other-
wise be covered by this section, he may pay the claimant $5,000 and 
report the excess to Congress for its consideration. 
"(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) In any case where the amount to be paid is not more than 
$1,000, 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 
'^ stat. sis. 
similar claims. 
"(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, deter-
mine, and dispose of a claim, whether by full or partial allowance or 
disallowance."; and 
(2) by adding the following new item at the end of the analysis: 
"715. Property loss; personal injury or death: activities under certain sections 
of this tiUe." 
Approved September 13, 1960. 
Public Law 86-741 
A N A C T 
September 13^1960 
Authorizing the Rhode Island Turnpike and Bridge Authority to combine for 
[S. 3681] 
financing purposes the bridge across the West Passage of Narragansett Bay 
with the Newport Bridge and any other project acquired or constructed by 
said authority. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the Act en- xurnp^ikl'^a^nd 
titled "An Act authorizing the State of Ehode Island, acting by and Bridge Authority, 
through the Jamestown Bridge Commission as an agency of the State, projy^t's?°*^°" 
to construct, maintain, and operate a toll bridge across the West Pas-
sage of Narragansett Bay between the towns of Jamestown and North 
Kingston", approved April 4,1938 (52 Stat. 194), is hereby amended 
by striking out section 4, and inserting in lieu thereof the following 
new section: 
"SEC. 4. That upon title to the bridge which was constructed under 
the authority of this Act becoming vested in the Rhode Island Turn-
pike and Bridge Authority, created by chapter 3390, Public Laws of 
Ehode Island, 1954 (chapter 12 of title 24, General Laws of Rhode 
Island, 1956), said authority shall be authorized to combine said 
bridge for financing purposes with any other bridge, bridges, or 
structures financed by said authority under the provisions of said 
chapter 12, as heretofore amended, and to fix and charge tolls in 
accordance with State law for the use of said bridge and such other 
bridges and approaches so combined into one project, and to pledge 
the use of such tolls in accordance with the provisions of said chapter 
12, as amended. 
SEC. 2. That the word "bridge" in the first line of section 5 be 
stricken and the word "bridges" inserted in lieu thereof. 
Approved September 13, 1960.