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31 U.S.C. § 3721 — Claims of personnel of agencies and the District of Columbia government for personal property damage or loss
Federal law — U.S. Code and appendices · legal_authorities
**(a)** In this section—
(1) “agency” does not include a nonappropriated fund activity or a contractor with the United States Government.
(2) “head of an agency” means—
(A) for a military department, the Secretary of the military department;
(B) for the Department of Defense (except the military departments), the Secretary of Defense; and
(C) for another agency, the head of the agency.
(3) “settle” means consider, determine, adjust, and dispose of a claim by disallowance or by complete or partial allowance.
**(b)**
(1) The head of an agency may settle and pay not more than $40,000 for a claim against the Government made by a member of the uniformed services under the jurisdiction of the agency or by an officer or employee of the agency for damage to, or loss of, personal property incident to service. If, however, the claim arose from an emergency evacuation or from extraordinary circumstances, the amount settled and paid under the authority of the preceding sentence may exceed $40,000, but may not exceed $100,000. A claim allowed under this subsection may be paid in money or the personal property replaced in kind.
(2) The Secretary of State may waive the settlement and payment limitation referred to in paragraph (1) for claims for damage or loss by United States Government personnel under the jurisdiction of a chief of mission in a foreign country if such claims arise in circumstances where there is in effect a departure from the country authorized or ordered under circumstances described in [section 5522(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5522/a&num=0&edition=prelim), if the Secretary determines that there exists exceptional circumstances that warrant such a waiver.
**(c)** On paying a claim under t
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Stable record: federal_law:legal_authorities:record_usc_7617bca55622c79d8f71d686
Source file: Laws/federal/codes/united-states-code/title-31/section-3721-claims-of-personnel-of-agencies-and-the-district-of-columbia-government--d67719af3f.md
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Source location: Title 31, Chapter 37, § 3721; chapter-037-claims.md
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**(a)** In this section—
(1) “agency” does not include a nonappropriated fund activity or a contractor with the United States Government.
(2) “head of an agency” means—
(A) for a military department, the Secretary of the military department;
(B) for the Department of Defense (except the military departments), the Secretary of Defense; and
(C) for another agency, the head of the agency.
(3) “settle” means consider, determine, adjust, and dispose of a claim by disallowance or by complete or partial allowance.
**(b)**
(1) The head of an agency may settle and pay not more than $40,000 for a claim against the Government made by a member of the uniformed services under the jurisdiction of the agency or by an officer or employee of the agency for damage to, or loss of, personal property incident to service. If, however, the claim arose from an emergency evacuation or from extraordinary circumstances, the amount settled and paid under the authority of the preceding sentence may exceed $40,000, but may not exceed $100,000. A claim allowed under this subsection may be paid in money or the personal property replaced in kind.
(2) The Secretary of State may waive the settlement and payment limitation referred to in paragraph (1) for claims for damage or loss by United States Government personnel under the jurisdiction of a chief of mission in a foreign country if such claims arise in circumstances where there is in effect a departure from the country authorized or ordered under circumstances described in [section 5522(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5522/a&num=0&edition=prelim), if the Secretary determines that there exists exceptional circumstances that warrant such a waiver.
**(c)** On paying a claim under this section, the Government is subrogated for the amount of the payment to a right or claim that the claimant may have against a foreign country for the damage or loss for which the Government made the payment.
**(d)** The Mayor of the District of Columbia may settle and pay a claim against the District of Columbia government made by an officer or employee of the District of Columbia government to the same extent the head of an agency may settle and pay a claim under this section.
**(e)** A claim may not be allowed under this section if the personal property damage or loss occurred at quarters occupied by the claimant in a State or the District of Columbia that were not assigned or provided in kind by the United States Government or the District of Columbia government.
**(f)** A claim may be allowed under this section only if—
(1) the claim is substantiated;
(2) the head of the agency decides that possession of the property was reasonable or useful under the circumstances; and
(3) no part of the loss was caused by any negligent or wrongful act of the claimant or an agent or employee of the claimant.
**(g)** A claim may be allowed under this section only if it is presented in writing within 2 years after the claim accrues. However, if a claim under subsection (b) of this section accrues during war or an armed conflict in which an armed force of the United States is involved, or has accrued within 2 years before war or an armed conflict begins, and for cause shown, the claim must be presented within 2 years after the cause no longer exists or after the war or armed conflict ends, whichever is earlier. An armed conflict begins and ends as stated in a concurrent resolution of Congress or a decision of the President.
**(h)** The head of the agency—
(1) may settle and pay a claim made by the surviving spouse, child, parent, or brother or sister of a dead member, officer, or employee if the claim is otherwise payable under this section; and
(2) may settle and pay the claims by the survivors only in the following order:
(A) the spouse’s claim.
(B) a child’s claim.
(C) a parent’s claim.
(D) a brother’s or sister’s claim.
**(i)** Notwithstanding a contract, the representative of a claimant may not receive more than 10 percent of a payment of a claim made under this section for services related to the claim. A person violating this subsection shall be fined not more than $1,000.
**(j)** The President may prescribe policies to carry out this section (except subsection (b) to the extent that subsection (b) applies to the military departments, the Department of Defense, and the Coast Guard). Subject to those policies, the head of each agency shall prescribe regulations to carry out this section.
**(k)** Settlement of a claim under this section is final and conclusive.
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Responsibilities.—** Subject to subsection (b), not later than one year after the date of the enactment of this section, the Secretary of Defense shall assign to a single office or other organizational element within the Department of Defense the following responsibilities:
(1) Overseeing the activities and personnel of, and any other matter relating to, the following:
(A) Any office or other organizational element of a military department responsible for shipping baggage or household effects, scheduling or processing orders for such shipments, providing storage services for such baggage or household effects, or providing privately owned vehicle transportation services in connection with a permanent change of station, on behalf of members of the armed forces, including any personal property shipping office, joint or consolidated personal property shipping office, or personal property processing office of such military department.
(B) The Defense Personal Property Management Office, or any such successor office.
(2) Overseeing the adjudication of any claim filed with respect to the defense personal property program (including the adjudication of such claims under [section 2636(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2636/a&num=0&edition=prelim) or [section 3721 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3721&num=0&edition=prelim)) and any other matter relating to such program.
**(b) Exclusion.—** The responsibilities under subsection (a) may not be assigned to any combatant command or component thereof.
**(c) Defense Personal Property Program Defined.—** In this section, the term “defense personal property program” means the program of the Department of Def
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Defense and the Secretaries of the military departments, in paying a claim under [section 3721 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3721&num=0&edition=prelim) arising from loss or damage to household goods stored or transported at the expense of the Department of Defense, may pay the claim on the basis of full replacement value in any of the following cases in which reimbursement for the full replacement value for the loss or damage is not available directly from a carrier under [section 2636a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2636a&num=0&edition=prelim):
(1) A case in which—
(A) the lost or damaged goods were stored or transported under a contract, tender, or solicitation in accordance with [section 2636a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2636a&num=0&edition=prelim) that requires the transportation service provider to settle claims on the basis of full replacement value; and
(B) the loss or damage occurred under circumstances that exclude the transportation service provider from liability.
(2) A case in which—
(A) the loss or damage occurred while the lost or damaged goods were in the possession of an ocean carrier that was transporting, loading, or unloading the goods under a Department of Defense contract for ocean carriage; and
(B) the land-based portions of the transportation were under contracts, in accordance with [section 2636a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2636a&num=0&edition=prelim), that require the land carriers to settle claims on the basis of full replacement value.
(3) A case in which—
(A) the lost
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2740
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Career Paths.—** The Secretary, acting through the Commandant, shall ensure that appropriate career paths for civilian and military Coast Guard personnel who wish to pursue career paths in prevention or response positions are identified in terms of the education, training, experience, and assignments necessary for career progression of civilians and members of the Armed Forces to the most senior prevention or response positions, as appropriate. The Secretary shall make available published information on such career paths.
**(b) Qualifications for Certain Assignments.—** An officer, member, or civilian employee of the Coast Guard assigned as a—
(1) marine inspector shall have the training, experience, and qualifications equivalent to that required for a similar position at a classification society recognized by the Secretary under [section 3316 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section3316&num=0&edition=prelim) for the type of vessel, system, or equipment that is inspected;
(2) marine casualty investigator shall have the training, experience, and qualifications in investigation, marine casualty reconstruction, evidence collection and preservation, human factors, and documentation using best investigation practices by Federal and non-Federal entities;
(3) marine safety engineer shall have knowledge, skill, and practical experience in—
(A) the construction and operation of commercial vessels;
(B) judging the character, strength, stability, and safety qualities of such vessels and their equipment; or
(C) the qualifications and training of vessel personnel;
(4) waterways operations manager shall have knowledge, skill, and practical experience with respect to maritime transportation system management; or
(5)
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided in this chapter, a member of the Coast Guard Auxiliary shall not be considered to be a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, Federal employee benefits, ethics, conflicts of interest, and other similar criminal or civil statutes and regulations governing the conduct of Federal employees. However, nothing in this subsection shall constrain the Commandant from prescribing standards for the conduct and behavior of members of the Auxiliary.
**(b)** A member of the Auxiliary while assigned to duty shall be deemed to be a Federal employee only for the purposes of the following:
(1) Chapter 171 of title 28 (popularly known as the Federal Tort Claims Act).
(2) [Section 2733 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2733&num=0&edition=prelim) (popularly known as the Military Claims Act).
(3) [Section 30101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30101&num=0&edition=prelim) (popularly known as the Admiralty Extension Act).
(4) Chapter 309 of title 46 (known as the Suits in Admiralty Act).
(5) Chapter 311 of title 46 (known as the Public Vessels Act).
(6) Other matters related to noncontractual civil liability.
(7) Compensation for work injuries under chapter 81 of title 5.
(8) The resolution of claims relating to damage to or loss of personal property of the member incident to service under the Military Personnel and Civilian Employees’ Claims Act of 1964 ([31 U.S.C. 3721](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3721&num=0&edition=prelim)).11 See R
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided in this section, a volunteer shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits.
**(b)** For the purpose of the tort claim provisions of title 28, a volunteer under this Act shall be considered a Federal employee.
**(c)** For the purposes of subchapter I of chapter 81 of title 5, relating to compensation to Federal employees for work injuries, volunteers under this Act shall be deemed civil employees of the United States within the meaning of the term “employee” as defined in [section 8101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8101&num=0&edition=prelim), and the provisions of that subchapter shall apply.
**(d)** For the purposes of claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, a volunteer under this Act shall be considered a Federal employee, and the provisions of [section 3721 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3721&num=0&edition=prelim) shall apply.
**(e)** For the purposes of subsections (b), (c), and (d), the term “volunteer” includes a person providing volunteer services to either of the Secretaries who—
(1) is recruited, trained, and supported by a cooperator under a mutual benefit agreement or cooperative agreement with either of the Secretaries; and
(2) performs such volunteer services under the supervision of the cooperator as directed by either of the Secretaries in the mutual benefit agreement or cooperative agreement in the mutual benefit agreement, including
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal Tort Claims Act**
(1) **In general** — Except as provided in paragraph (2), the Chief of the Capitol Police, in accordance with regulations prescribed by the Attorney General and any regulations as the Capitol Police Board may prescribe, may consider, ascertain, determine, compromise, adjust, and settle, in accordance with the provisions of chapter 171 of title 28, any claim for money damages against the United States for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Capitol Police while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.
(2) **Special rule for claims made by Members of Congress and congressional employees**
(A) *In general* — With respect to any claim described in paragraph (1) which is made by a Member of Congress or any officer or employee of Congress, the Chief of the Capitol Police shall—
(i) not later than 14 days after the receipt of such a claim, notify the Chairman of the applicable Committee of the receipt of the claim; and
(ii) not later than 90 days after the receipt of such a claim, submit a proposal for the resolution of such claim which shall be subject to the approval of the Chairman of the applicable Committee.
(B) *Extension* — The 90-day period in subparagraph (A)(ii) may be extended for an additional period (not to exceed 90 days) for good cause by the Chairman of the applicable Committee, upon the request of the Chief of the Capitol Police.
(C) *Approval consistent with Federal Tort Claims Act* — Nothing in this paragraph may be construed to pe
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** In the case of any overpayment, the Secretary, within the applicable period of limitations, may credit the amount of such overpayment, including any interest allowed thereon, against any liability in respect of an internal revenue tax on the part of the person who made the overpayment and shall, subject to subsections (c), (d), (e), and (f), refund any balance to such person.
**(b) Credits against estimated tax** The Secretary is authorized to prescribe regulations providing for the crediting against the estimated income tax for any taxable year of the amount determined by the taxpayer or the Secretary to be an overpayment of the income tax for a preceding taxable year.
**(c) Offset of past-due support against overpayments** The amount of any overpayment to be refunded to the person making the overpayment shall be reduced by the amount of any past-due support (as defined in section 464(c) of the Social Security Act) owed by that person of which the Secretary has been notified by a State in accordance with section 464 of such Act. The Secretary shall remit the amount by which the overpayment is so reduced to the State collecting such support and notify the person making the overpayment that so much of the overpayment as was necessary to satisfy his obligation for past-due support has been paid to the State. The Secretary shall apply a reduction under this subsection first to an amount certified by the State as past due support under section 464 of the Social Security Act before any other reductions allowed by law. This subsection shall be applied to an overpayment prior to its being credited to a person’s future liability for an internal revenue tax. For purposes of this subsection, any reference to a State shall include a reference to any Indian t
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary of the Interior may recruit, train, and accept, without regard to the civil service classification laws, rules, or regulations, the services of individuals, contributed without compensation as volunteers, for aiding in or facilitating the activities administered by the Secretary through the Bureau of Indian Affairs, the United States Geological Survey, the Bureau of Reclamation, and the Office of the Secretary.
**(b) Restrictions on activities of volunteers**
(1) **In general** — In accepting such services of individuals as volunteers, the Secretary shall not permit the use of volunteers in law enforcement work, in regulatory and enforcement work, in policymaking processes, or to displace any employee.
(2) **Private property** — No volunteer services authorized by this Act may be conducted on private property unless the officer or employee charged with supervising the volunteer obtains appropriate consent to enter the property from the property owner.
(3) **Hazardous duty** — The Secretary may accept the services of individuals in hazardous duty only upon a determination by the Secretary that such individuals are skilled in performing hazardous duty activities.
(4) **Supervision** — The Secretary shall ensure that an appropriate officer or employee of the United States provides adequate and appropriate supervision of each volunteer whose services the Secretary accepts.
**(c) Provision of services and costs** The Secretary may provide for services and costs incidental to the utilization of volunteers, including transportation, supplies, uniforms, lodging, subsistence (without regard to place of residence), recruiting, training, supervision, and awards and recognition (including nominal cash awards).
**(d) Federal employment status
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Investigations, studies, and experiments** The Secretary may conduct investigations, studies, and experiments, on his own initiative or in cooperation with others, involving the management, protection, development, acquisition, and conveying of the public lands.
**(b) Contracts and cooperative agreements** Subject to the provisions of applicable law, the Secretary may enter into contracts and cooperative agreements involving the management, protection, development, and sale of public lands.
**(c) Contributions and donations of money, services, and property** The Secretary may accept contributions or donations of money, services, and property, real, personal, or mixed, for the management, protection, development, acquisition, and conveying of the public lands, including the acquisition of rights-of-way for such purposes. He may accept contributions for cadastral surveying performed on federally controlled or intermingled lands. Moneys received hereunder shall be credited to a separate account in the Treasury and are hereby authorized to be appropriated and made available until expended, as the Secretary may direct, for payment of expenses incident to the function toward the administration of which the contributions were made and for refunds to depositors of amounts contributed by them in specific instances where contributions are in excess of their share of the cost.
**(d) Recruitment of volunteers** The Secretary may recruit, without regard to the civil service classification laws, rules, or regulations, the services of individuals contributed without compensation as volunteers for aiding in or facilitating the activities administered by the Secretary through the Bureau of Land Management.
**(e) Restrictions on activities of volunteers** In accepting such serv
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