31 U.S.C. § 3723 — Small claims for privately owned property

Page 329 TITLE 31—MONEY AND FINANCE § 3724 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3722(a) ..... 31:238(1st sentence). June 10, 1949, ch. 187, 63 Stat. 167. 3722(b) ..... 31:238(2d sentence last 25 words be- fore last semi- colon). 3722(c) ..... 31:238(2d sentence less last 25 words before last semi- colon). 3722(d) ..... 31:238(last sen- tence). 3722(e) ..... 31:238(note). In subsection (a), the words ‘‘and such other officer or officers as he may designate for such purpose’’ are omitted as unnecessary because of 28:509. The word ‘‘settle’’ is substituted for ‘‘consider, determine, ad- just’’ for consistency. The words ‘‘the sum of’’ are omitted as surplus. The words ‘‘officer or employee’’ are substituted for ‘‘persons employed’’ for consistency in the revised title and with other titles of the United States Code. The words ‘‘or destruction’’ are omitted as surplus. In subsection (b), the words ‘‘assigned to him . . . otherwise’’ are omitted as surplus. In subsection (c)(1), the words ‘‘no part’’ are sub- stituted for ‘‘not . . . in whole or in part’’ because of the restatement. In subsection (c)(2), the words ‘‘the Attorney General decides that possession of’’ are substituted for ‘‘is de- termined’’ for clarity. The words ‘‘claimed to be dam- aged, lost, or destroyed’’ and ‘‘necessary, or proper . . . attendant’’ are omitted as surplus. In subsection (c)(3), the word ‘‘accrues’’ is substituted for ‘‘the occurrence of the accident or incident out of which such claim arises’’ to eliminate unnecessary words. In subsection (d), the words ‘‘A claim may be paid under this section’’ are added for clarity. The words ‘‘the amount of the settlement’’ are substituted for ‘‘an award hereunder’’ for consistency. The words ‘‘in com- plete satisfaction of the claim’’ are substituted for ‘‘shall release the United States, its agents or employ- ees, from any further claim by such claimant arising out of the same incident’’ to eliminate unnecessary words. § 3723. Small claims for privately owned property damage or loss (a) The head of an agency (except a military department of the Department of Defense or the Coast Guard) may settle a claim for not more than $1,000 for damage to, or loss of, privately owned property that— (1) is caused by the negligence of an officer or employee of the United States Government acting within the scope of employment; and (2) may not be settled under chapter 171 of title 28. (b) A claim under this section may be allowed only if it is presented to the head of the agency within one year after it accrues. (c) A claim under this section may be paid as provided in section 1304 of this title only if the claimant accepts the amount of the settlement in complete satisfaction of the claim against the Government. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 975.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3723(a) ..... 31:215(1st sentence), 216. Dec. 28, 1922, ch. 17, §§ 1–3, 42 Stat. 1066. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 31:216(note). July 3, 1943, ch. 189, § 4, 57 Stat. 373. 31:216(note). Dec. 28, 1945, ch. 597, § 4(words before 3d comma), 59 Stat. 662. 31:216(note). Dec. 28, 1945, ch. 597, 59 Stat. 662, § 5(last sentence); added Mar. 20, 1946, ch. 104, 60 Stat. 56. Aug. 2, 1946, ch. 753, § 424(a)(last par. on p. 846), 60 Stat. 846. 3723(b) ..... 31:215(last sentence proviso). 3723(c) ..... 31:215(last sentence less proviso), 217. In subsection (a), before clause (1), the text of 31:216(words before semicolon) is omitted as unneces- sary because of section 102 of the revised title. The words ‘‘acting on behalf of the Government of the United States’’ in 31:215 are omitted as unnecessary. The word ‘‘settle’’ is substituted for ‘‘consider, ascer- tain, adjust, and determine’’ for consistency. The words ‘‘after April 6, 1917’’ are omitted as executed. In subsection (c), the words ‘‘A claim under this sec- tion may be paid’’ are added for clarity. The words ‘‘as provided in section 1304 of this title’’ are substituted for 31:215(last sentence less proviso) because 31:215(last sentence less proviso) is superseded by section 201 of the Supplemental Appropriations Act, 1978 (Pub. L. 95–240, 92 Stat. 116). The words ‘‘of the settlement’’ are substituted for ‘‘determined under the provisions of sections 215 and 216 of this title’’ in 31:217 for consist- ency and to eliminate unnecessary words. The word ‘‘complete’’ is substituted for ‘‘full’’ for consistency. The word ‘‘satisfaction’’ is substituted for ‘‘settle- ment’’ for clarity. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 3724. Claims for damages caused by investiga- tive or law enforcement officers of the De- partment of Justice (a) The Attorney General may settle, for not more than $50,000 in any one case, a claim for personal injury, death, or damage to, or loss of, privately owned property, caused by an inves- tigative or law enforcement officer as defined in section 2680(h) of title 28 who is employed by the Department of Justice acting within the scope of employment that may not be settled under chapter 171 of title 28. An officer or employee of the United States Government may not present a claim arising during the scope of employment. A claim may be allowed only if it is presented to the Attorney General within one year after it accrues. (b) A claim may be paid under this section only if the claimant accepts the amount of the settlement in complete satisfaction of the claim against the Government. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 975; Pub. L. 101–203, § 1(a), (b)(1), Dec. 7, 1989, 103 Stat. 1805;