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FINANCIAL MANAGEMENT POLICY MANUAL

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(3) Federal Tort Claims.<br />

Payments are authorized by the Federal Tort Claims Act of 1946<br />

(28 U.S.C. 1346(b), 2671-2680) for damages to or loss of property,<br />

or on account of personal injury or death caused by the negligent<br />

or wrongful act or omission of military or civilian personnel of the<br />

DON while acting within the scope of one's employment under<br />

circumstances where the United States, if a private person, would<br />

be liable to the claimant for such claim in accordance with the laws<br />

of the place where the act or omission occurred. Payments of<br />

awards of $2,500 or less are authorized from operating funds.<br />

Payments of awards in excess of $2,500 are obtained from funds<br />

available to the Claims Division, General Accounting Office.<br />

(4) Foreign Claims.<br />

The payment of foreign claims is authorized by 10 U.S.C. 2734 to<br />

inhabitants of foreign countries for damage to or loss of real<br />

property, personal property, or personal injury to or death of any<br />

inhabitant of a foreign country outside the United States, and<br />

caused by the non-combat acts or omissions of military or civilian<br />

personnel of the DON. Payments are authorized by 10 U.S.C.<br />

2734(a) to reimburse foreign governments for a pro rate share of<br />

similar claims which are settled by such foreign governments<br />

pursuant to an international agreement. Advance payments may be<br />

authorized by 10 U.S.C. 2736.<br />

(5) Military Claims.<br />

Military claims payments are authorized by 10 U.S.C. 2733 for<br />

damage to or loss of real property, including damage or loss<br />

incident to use and occupancy; for damage to or loss of personal<br />

property mailed to the United States and including registered or<br />

insured mail damaged, lost, or destroyed by a criminal act while in<br />

the possession of the DON; and for personal injury or death. All of<br />

the foregoing claims are subject to the provision that such damage,<br />

loss, injury, or death either was caused by the military or civilian<br />

personnel of the Department of the Navy or was incident to noncombat<br />

activities of the Department of the Navy. Advance<br />

payments may be authorized by 10 U.S.C. 2736.<br />

(6) Patent and Copyright.<br />

By 10 U.S.C. 2386, the Secretary of the Navy is authorized to use<br />

appropriated funds to purchase copyrights, patents, patent<br />

applications, and licenses thereunder, and releases for past<br />

infringement of patents and copyrights. Purchases of licenses and<br />

releases for past infringement by the Navy are paid from funds<br />

currently available.<br />

Financial Management Policy<br />

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