tary 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 mailed 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 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 Comptroller General 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, § 1(1), Sept. 13, 1960, 74 Stat. 878, amended Pub. L. 87-649, § 8(b), Sept. 7, 1962, 76 Stat. 495; Pub. L. 90-486, § 2(3), Aug. 13, 1968, 82 Stat. 756; Pub. L. 90-525, § 6, Sept. 26, 1968, 82 Stat. 756; Pub. L. 91-312, § 3, July 8, 1970, 84 Stat. 412; Pub. L. 92-445, Sept. 29, 1972, 86 Stat. 745; Pub. L. 93-336. § 3, July 8, 1974, 88 Stat. 292; Pub. L. 98-564, § 4, Oct. 30, 1984, 98 Stat. 2919.) MEDICAL CARE RECOVERY ACT (Pub. L. 87-693, §§ 1-3, September 25, 1962, 76 Stat. 593; 43 U.S.C. §§ 2651-2653) NOTE This law, which provides for the recovery from tortiously liable third persons of the cost of hospital and medical care and treatment furnished by the United States, originated as a bill considered by the subcommittee in the 87th Congress. TITLE 42.-THE PUBLIC HEALTH AND WELFARE CHAPTER 32-THIRD PARTY LIABILITY FOR HOSPITAL AND Sec. 2651. Recovery by United States. (a) Conditions, exceptions; persons liable; amount of recovery; subrogation; assignment. (b) Enforcement procedure; intervention; joinder of parties; State or Federal court proceedings. (c) Veterans' exception 2652. Regulations. (a) Determination and establishment of reasonable value of care and treatment. (b) Settlement, release and waiver of claims. (c) Damages recoverable for personal injury unaffected. 2653. Limitation or repeal of other provisions for recovery of hospital and medical care costs. § 2561. Recovery by United States (a) Conditions; exceptions; persons liable; amount of recovery; subrogation; assignment In any case in which the United States is authorized or required by law to furnish hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) to a person who is injured or suffers a disease, after the effective date of this Act, under circumstances creating a tort liability upon some third person (other than or in addition to the United States and except employers of seamen treated under the provisions of section 249 of this title) to pay damages therefor, the United States shall have a right to recover from said third person the reasonable value of the care and treatment so furnished or to be furnished and shall, as to this right be subrogated to any right or claim that the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors has against such third person to the extent of the reasonable value of the care and treatment so furnished or to be furnished. The head of the department or agency of the United States furnishing such care or treatment may also require the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors, as appropriate, to assign his claim or cause of action against the third person to the extent of that right or claim. (b) Enforcement procedure; intervention; joinder of parties; State or Federal court proceedings The United States may, to enforce such right, (1) intervene or join in any action or proceeding brought by the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors, against the third person who is liable for the injury or disease; or (2) if such action or proceeding is not commenced within six months after the first day in which care and treatment is furnished by the United States in connection with the injury or disease involved, institute and prosecute legal proceedings against the third person who is liable for the injury or disease, in State or Federal court, either alone (in its own name or in the name of the injured person, his guardian, personal representative, estate, dependents, or survivors) or in conjunction with the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors. (c) Veterans' exception The provisions of this section shall not apply with respect to hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) furnished by the Veterans' Administration to an eligible veteran for a service-connected disability under the provisions of chapter 17 of title 38. (Pub. L. 87-693. § 1, Sept. 25, 1962, 76 Stat. 593.) REFERENCES IN TEXT Effective date of this Act, referred to in subsec. (a), is the first day of the fourth month following September, 1962, see section 4 of Pub. L. 87-693 set out as an Effective Date note below. EFFECTIVE DATE Section 4 of Pub. L. 87-693 provided that: "This Act [enacting this chapter] becomes effective on the first day of the fourth month following the month [September, 1962] in which enacted." § 2652. Regulations (a) Determination and establishment of reasonable value of care and treatment The President may prescribe regulations to carry out this chapter, including regulations with respect to the determination and establish ment of the reasonable value of the hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) furnished or to be furnished. (b) Settlement, release and waiver of claims To the extent prescribed by regulations under subsection (a) of this section, the head of the department or agency of the United States concerned may (1) compromise, or settle and execute a release of, any claim which the United States has by virtue of the right established by section 2651 of this title; or (2) waive any such claim, in whole or in part, for the convenience of the Government, or if he determines that collection would result in undue hardship upon the person who suffered the injury or disease resulting in care or treatment described in section 2651 of this title. (c) Damages recoverable for personal injury unaffected No action taken by the United States in connection with the rights afforded under this legislation shall operate to deny to the injured person the recovery for that portion of his damage not covered hereunder. (Pub. L. 87-693, § 2, Sept. 25, 1962, 76 Stat. 593.) § 2653. Limitation or repeal of other provisions for recovery of hospital and medical care costs This chapter does not limit or repeal any other provision of law providing for recovery by the United States of the costs of care and treatment described in section 2651 of this title. (Pub. L. 87-693, § 3, Sept. 25, 1962, 76 Stat. 594.) GUIDING PRINCIPLES IN SPECIFIC CATEGORIES OF CLAIMS CONTRACT CLAIMS When based on equitable considerations, contract claims have been considered by the subcommittee. Claims based upon a contract, either express or implied, are cognizable by the United States Claims Court. The statutory provisions concerning the administrative and judicial settlement of disputes and claims arising from contracts provide the usual basis for final resolution of such matters. The Contract Disputes Act enacted in 1978 and set out as chapter 9 of title 41, United States Code, under the heading "Contract Disputes," provides the statutory basis for government-wide procedures for the administrative and judicial resolution of such disputes. This law originated as a bill considered by the Subcommittee. It should be noted that many of the contract claims presented to the committee have been rejected for failure to take advantage of an existing remedy, by suit or otherwise, as prescribed by committee rule 14. While the Congress may enact special legislation for the payment of claims on what the Supreme Court has termed "moral grounds," it is here emphasized that the matters are considered by the subcommittee in the light of settled legal or equitable principles, and relief will be granted only when the relief is consistent with such principles. JURISDICTIONAL BILLS These are bills conferring jurisdiction for the determination of a claim to a court or tribunal when jurisdiction does not exist under general law. In the past, the committee has considered bills to confer jurisdiction on a court for the determination of a claim for the taking of private lands for public use; for confiscation and illegal sale of property; for the value of services rendered the Government under a contract; for salary wrongfully withheld from an employee; for damage to property; for personal injury and death not covered by the tort claims provisions of title 28, United States Code; and for determination of equitable relief allegedly due under a contract. It is relevant to note that the Federal tort claims provisions of title 28 provide a broad area of jurisdiction in the Federal courts over claims which, before the enactment of the Federal Tort Claims Act, were proper subjects for private bills. REFUNDS BONDS, FEES, FINES, AND OTHER AMOUNTS PAID TO THE GOVERNMENT The refund of money wrongfully or erroneously covered into the Treasury has at times been the subject of bills considered by the subcommittee. These may include refunds of the value of a bond, either criminal or alien, forfeited to the Government. Bonds are exacted for the performance of some act, usually the appearance of an accused in a criminal case, or the appearance or deportation of an alien in immigration proceedings. A failure to comply with their terms constitutes a breach resulting in forfeiture. It has been required that the appeal for relief be grounded on more than an assertion of the fact of forfeiture and subsequent apprehension of the criminal or alien by the Government, coupled with an argument that the Government should not thus enrich itself at the bondsman's expense. In past years consideration has been given such factors as: Information showing that claimant is not a professional bondsman (received a consideration for his undertaking); that the defendant has been apprehended; that claimant contributed either funds or acts to such apprehension; and that the Government has not been damaged by the defendant's failure to appear. Bills seeking a refund of fees or fines have also been considered. Numerous claims for the refund of taxes, duties, and other revenue overpaid to the Government have been presented, both in past Congresses and the present. Each of these cases involved a waiver of the statute of limitations contained in all revenue laws, which stood as a bar to claimant's recovery, thus necessitating legislation for its waiver or for outright refund incidentally effecting the waiver. The subcommittee has usually required that it be established that relief should be extended because of unusual and compelling equities. For instance, it would be necessary to prove that such a waiver is justified in a unique case, such as where a claimant had been misled by Government agents in payment of the revenue, or as to his right to refund, or had apparently taken every possible precaution to protect his rights but nevertheless lost to the Government upon its assertion that the statute had expired. In other words, the situation was something more than a simple overpayment-of which there are thousands-the collection of which was precluded by the statute of limitations. While not a subject of private bills in recent years, fees coming into the hands of fiscal officers of the Government and erroneously covered into the Treasury have been refunded by special legislation. Several bills refunding fines paid under the Lever Act of August 10, 1917, subsequently declared unconstitutional in part by the Supreme Court were enacted. ADJUSTMENT AND SETTLEMENT OF ACCOUNTS Bills proposing the adjustment and settlement of accounts of disbursing officers, postmasters, or other fiscal agents of the United States have been considered by the subcommittee. Such bills general |