An Act to provide for the settlement of claims resulting from an explosion at a U.S. ordnance plant in Bowie County, Tex, on July 8, 1963
PL 89-757 (H.R.2266), enacted 11/05/1966

1306 
PUBLIC LAW 89-757-NOV. 5, 1966 
[80 
STAT. 
November 5, 1966 
[H. R. 2266] 
Bowie County, 
Tex. 
Settlement of 
certain claims. 
Rule of pro-
cedure. 
Public Law 89-757 
AN ACT 
To provide for the settlement of claims resulting from an explosion at a United 
States ordnance plant in Bowie County, Texas, on July 8,1963. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Congress 
recognizes and assumes the compassionate responsibility of the United 
States for the losses sustained by reason of the explosion at Day and 
Zimmerman, Incorporated, an ordnance plant wholly owned by the 
United States in Bowie County, Texas, on July 8, 1963, and hereby 
provides the procedure by which the amounts shall be determined 
and paid. 
SEC. 2. The Secretary of the Army (hereinafter referred to as the 
"Secretary") or his designee, is authorized to receive, investigate, and 
settle claims against the L^nited States for death or personal injury 
proximately resulting from the explosion referred to in the first section 
of this Act. 
No claim may be approved by the Secretary in an amount 
in excess of $25,000. 
SEC. 3. (a) The Secretary shall promulgate and publish within 
sixty days after the date of the enactment of this Act rules of proce-
dure for the consideration and disposition of claims filed under this 
Act. 
(b) Claimants shall submit their claims in writing to the Secre-
tary, under such rules as he may prescribe pursuant to subsection 
(a), within six months after the date of the enactment of this Act. 
(c) The Secretary shall determine the amount of awards, if any, 
in the case of each claim within eighteen months from the date on which 
the claim was submitted. 
(d) Except as otherwise provided herein, the law of the State of 
Texas shall apply. 
SEC. 4. (a) With respect to claims filed and awards paid pursuant 
to the provisions of this Act, the Secretary shall limit himself to 
the determination of— 
(1) whether the losses sustained resulted from the explosion 
at the said ordnance plant in Bowie County, Texas, on July 8, 
1963; 
(2) the amounts to be awarded as compensation for such losses 
not to exceed $25,000 in each claim; and 
(3) the persons entitled to receive such awards. 
(b) Claims for awards based on death shall be submitted only by 
duly authorized legal representatives. 
SEC. 5. (a) In determining the amounts to be awarded for death, or 
personal injury, the Secretary shall reduce any such amounts by an 
amount equal to the total of insurance benefits (except life insurance 
benefits), or other payments or settlements of any nature, previously 
paid or to be paid with respect to such death claims or personal 
mjury. 
(b) Payments approved by the Secretary for death or personal 
injury, shall not be subject to insurance subrogation claims in any 
respect. 
(c) The Secretary shall not include in any award any amount for 
reimbursement to any insurance company or compensation insurance 
fund for loss payments made by such company or fund. 
SEC. 6. (a) The payment to any person of an award pursuant to 
a claim filed under the provisions of this Act shall be in full settle-
ment and discharge of all claims of such person against the United 
States resulting from the explosion described in the first section of 
this Act. 
80 STAT.] 
PUBLIC LAW 89-758-NOV. 5, 1966 
1307 
(b) J
S
T
o claim cognizable under the provisions of this Act shall be 
assigned or transferred, except to the United States. 
SEC. 7. 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, or personal injury claim with respect to which settlement is 
made. 
SEC. 8. The Secretary shall, within two years and six months after ^ ^^^^gV° 
the date of enactment of this Act, transmit to the Congress a report 
°"^'^^^^-
setting forth— 
(1) each claim settled by him and paid pursuant to the provi-
sions of this Act, with a brief statement concerning the character 
and equity of each such claim, the amount claimed, and the amount 
approved and jDaid; and 
(2) each claim submitted to him in accordance with the provi-
sions of this Act which has not been settled by him, with support-
ing papers and a statement of his findings of facts and recom-
mendations with respect to each such claim. 
SEC. 9. Attorney and agent fees shall be paid out of the awards 
hereunder. 
No attorney or agent on account of services rendered in 
connection with each claim shall receive in excess of 20 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 
violations. 
to exceed $1,000. 
SEC. 10. 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 or his designee and the administrative costs of the investigation 
and settlement of claims under this Act. 
The authority of the Secre-
tary of the Treasury to make payment of awards so fixed and deter-
mined shall terminate three years from the effective date of this Act. 
Approved November 5, 1966. 
Public Law 89-758 
AN A C T 
November 5, 1966 
To permit the sale of grain storage facilities to public and private nonprofit 
[H. R. 12360] 
agencies and organizations. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That section 4(h) fa^mtres!"'^^^^ 
of the Commodity Credit Corporation Charter Act, as amended, is 
saie. 
amended by inserting before the period at the end thereof the follow- 
^^ ^g*- ]^l^' 
ing: ": Provided, That, notwithstanding any other provision of law, 
where a grain storage facility owned by the Corporation is not needed 
by the Corporation and, upon being offered for sale no person offers 
to pay the minimum price set by the Corporation for such facility for 
use in connection with storage or handling of agricultural commodi-
ties, then the Corporation may, without declaring such facility to be 
excess property, sell it by bids at not less than such minimum price to 
any public or private nonprofit agency or organization for use for the 
purposes of such agency or organization. 
This provision shall apply 
also to facilities which on the effective date of this Act have been 
declared excess to the needs of the Commodity Credit Corporation but 
have not been claimed by any other Government agency, or surplus 
to the needs of the Government but not disposed of pursuant to the 
provisions of the Federal Property and Administrative Services Act 
of 1949, as amended. 
" stat- 3 77. 
Approved November 5, 1966. 
40 use 471 note.