Title 10 — Armed Forces
Part IV · Chapter 163 — Military Claims
§ 2733. Property loss; personal injury or death: incident to noncombat activities of Department of Army, Navy, or Air Force
Statutory text
Under such regulations as the Secretary concerned may prescribe, he, or, subject to appeal to him, the Judge Advocate General of an armed force under his jurisdiction, or the chief Counsel of the Coast Guard, as appropriate, if designated by him, may settle, and pay in an amount not more than $100,000, a claim against the United States for—
damage to or loss of real property, including damage or loss incident to use and occupancy;
damage to or loss of personal property, including property bailed to the United States and including registered or insured mail damaged, lost, or destroyed by a criminal act while in the possession of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be; or
personal injury or death;
either caused by a civilian officer or employee of that department, or the Coast Guard, or a member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be, acting within the scope of his employment, or otherwise incident to noncombat activities of that department, or the Coast Guard.
A claim may be allowed under subsection (a) only if—
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;
it is not covered by section 2734 of this title or section 2672 of title 28;
it is not for personal injury or death of such a member or civilian officer or employee whose injury or death is incident to his service;
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
it is substantiated as prescribed in regulations of the Secretary concerned.
For the purposes of clause (1), the dates of the beginning and ending of an armed conflict are the dates established by concurrent resolution of Congress or by a determination of the President.
Payment may not be made under this section for reimbursement for medical, hospital, or burial services furnished at the expense of the United States.
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 Secretary of the Treasury for payment under section 1304 of title 31.
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.
For the purposes of this section, a member of the National Oceanic and Atmospheric Administration or of the Public Health Service who is serving with the Navy or Marine Corps shall be treated as if he were a member of that armed force.
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.
Under such regulations as the Secretary of Defense may prescribe, he or his designee has the same authority as the Secretary of a military department under this section with respect to the settlement of claims based on damage, loss, personal injury, or death caused by a civilian officer or employee of the Department of Defense acting within the scope of his employment or otherwise incident to noncombat activities of that department.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 10, 1956, ch. 1041, 70A Stat. 153 · 70A Stat. 153
Enacted · 10 U.S.C. § 2733
Aug. 10, 1956, ch. 1041, 70A Stat. 153
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 153Pub. L. 85–729 § 1(1)(A) · 72 Stat. 813
Substituted · 10 U.S.C. § 2733(a)
Pub. L. 85–729, § 1(1)(A), substituted “the Judge Advocate General of an armed force under his jurisdiction, if designated by him, may settle, and pay in an amount not more than $5,000” for “any officer designated by him may settle, and pay in an amount not more than $1,000”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 85–729, § 1(1)(A), substituted “the Judge Advocate General of an armed force under his jurisdiction, if designated by him, may settle, and pay in an amount not more than $5,000” for “any officer designated by him may settle, and pay in an amount not more than $1,000”.Enacted provision · exact public law section
(1) Section 2733 is amended— (A) by striking out in subsection (a) the words “any officer designated by him may settle, and pay in an amount not more than $1,000” and inserting the words “the Judge Advocate General of an armed force under his jurisdiction, if designated by him, may settle, and pay in an amount not more than $5,000” in place thereof; (B) by amending subsections (d) and (e) to read as follows: Partial payment. Report to Congress. “(d) If the Secretary of the military department concerned considers that a claim in excess of $5,000 is meritorious and would otherwise be covered by this section, he may pay the claimant $5,000 and report the excess to Congress for its consideration. “(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.”; and (C) by adding the following new subsection at the end thereof as follows: “(g) In any case where the amount to be paid is not more than $1,000, the authority contained in subsection (a) may be delegated to any officer of an armed force under the jurisdiction of the military department concerned.”Pub. L. 85–729 § 1(1)(B) · 72 Stat. 813
Substituted · 10 U.S.C. § 2733(d)
Pub. L. 85–729, § 1(1)(B), substituted provisions authorizing partial payments on claims over $5,000 for provisions which authorized the Secretary of the military department concerned to report a claim for more than $1,000 to Congress for its consideration
Source evidence
Code amendment note
Subsec. (d). Pub. L. 85–729, § 1(1)(B), substituted provisions authorizing partial payments on claims over $5,000 for provisions which authorized the Secretary of the military department concerned to report a claim for more than $1,000 to Congress for its consideration.Enacted provision · exact public law section
(1) Section 2733 is amended— (A) by striking out in subsection (a) the words “any officer designated by him may settle, and pay in an amount not more than $1,000” and inserting the words “the Judge Advocate General of an armed force under his jurisdiction, if designated by him, may settle, and pay in an amount not more than $5,000” in place thereof; (B) by amending subsections (d) and (e) to read as follows: Partial payment. Report to Congress. “(d) If the Secretary of the military department concerned considers that a claim in excess of $5,000 is meritorious and would otherwise be covered by this section, he may pay the claimant $5,000 and report the excess to Congress for its consideration. “(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.”; and (C) by adding the following new subsection at the end thereof as follows: “(g) In any case where the amount to be paid is not more than $1,000, the authority contained in subsection (a) may be delegated to any officer of an armed force under the jurisdiction of the military department concerned.”Pub. L. 85–729 § 1(1)(B) · 72 Stat. 813
Substituted · 10 U.S.C. § 2733(e)
Pub. L. 85–729, § 1(1)(B), substituted “Except as provided in subsection (d), no claim may be paid under this section” for “No claim may be paid under subsection (a)”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 85–729, § 1(1)(B), substituted “Except as provided in subsection (d), no claim may be paid under this section” for “No claim may be paid under subsection (a)”.Enacted provision · exact public law section
(1) Section 2733 is amended— (A) by striking out in subsection (a) the words “any officer designated by him may settle, and pay in an amount not more than $1,000” and inserting the words “the Judge Advocate General of an armed force under his jurisdiction, if designated by him, may settle, and pay in an amount not more than $5,000” in place thereof; (B) by amending subsections (d) and (e) to read as follows: Partial payment. Report to Congress. “(d) If the Secretary of the military department concerned considers that a claim in excess of $5,000 is meritorious and would otherwise be covered by this section, he may pay the claimant $5,000 and report the excess to Congress for its consideration. “(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.”; and (C) by adding the following new subsection at the end thereof as follows: “(g) In any case where the amount to be paid is not more than $1,000, the authority contained in subsection (a) may be delegated to any officer of an armed force under the jurisdiction of the military department concerned.”Pub. L. 85–729 § 1(1)(C) · 72 Stat. 813
Added · 10 U.S.C. § 2733(g)
Pub. L. 85–729, § 1(1)(C), added subsec. (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 85–729, § 1(1)(C), added subsec. (g).Enacted provision · exact public law section
(1) Section 2733 is amended— (A) by striking out in subsection (a) the words “any officer designated by him may settle, and pay in an amount not more than $1,000” and inserting the words “the Judge Advocate General of an armed force under his jurisdiction, if designated by him, may settle, and pay in an amount not more than $5,000” in place thereof; (B) by amending subsections (d) and (e) to read as follows: Partial payment. Report to Congress. “(d) If the Secretary of the military department concerned considers that a claim in excess of $5,000 is meritorious and would otherwise be covered by this section, he may pay the claimant $5,000 and report the excess to Congress for its consideration. “(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.”; and (C) by adding the following new subsection at the end thereof as follows: “(g) In any case where the amount to be paid is not more than $1,000, the authority contained in subsection (a) may be delegated to any officer of an armed force under the jurisdiction of the military department concerned.”Pub. L. 85–861 § 1(54)(A) · 72 Stat. 1437
Substituted · 10 U.S.C. § 2733(b)
Pub. L. 85–861, § 1(54)(A), (B), in cl. (1), substituted “two years” for “one year” in three places and included claims accruing in time of armed conflict
Inserted · 10 U.S.C. § 2733(b)
Pub. L. 85–861, § 1(54)(A), (B), in cl. (1), inserted sentence providing for the determination of dates of the beginning and ending of an armed conflict
Source evidence
Code amendment note
Subsec. (b). Pub. L. 85–861, § 1(54)(A), (B), in cl. (1), substituted “two years” for “one year” in three places and included claims accruing in time of armed conflict, and inserted sentence providing for the determination of dates of the beginning and ending of an armed conflict.Enacted provision · exact public law section
(1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”Pub. L. 85–861 § 1(54)(C) · 72 Stat. 1437
Substituted · 10 U.S.C. § 2733(c)
Pub. L. 85–861, § 1(54)(C), substituted provisions prohibiting payment for reimbursement for medical, hospital, or burial services furnished at the expense of the United States for provisions which prohibited allowance of claims for personal injury or death for more than the cost of reasonable medical, hospital, and burial expenses actually incurred, and not otherwise furnished or paid by the United States
Source evidence
Code amendment note
Subsec. (c). Pub. L. 85–861, § 1(54)(C), substituted provisions prohibiting payment for reimbursement for medical, hospital, or burial services furnished at the expense of the United States for provisions which prohibited allowance of claims for personal injury or death for more than the cost of reasonable medical, hospital, and burial expenses actually incurred, and not otherwise furnished or paid by the United States.Enacted provision · exact public law section
(1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”Pub. L. 89–718 § 8(a) · 80 Stat. 1113
Substituted · 10 U.S.C. § 2733(f)
Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”.Enacted provision · exact public law section
(a) Sections 802(8), 1072(1), 1073, 1208(a)(2)(B), 1213, 1444(a), 2733(f), 2771(b), 4537, 7204(a)(1)(D), 7205(a)(4), 7211 (a)(4), 7218(b). 7571(a)(3), 7572(a)(3), 7576(a)(3), and 9537 of title 10, United States Code, are each amended by striking out “Coast and Geodetic Survey” and inserting in place thereof “Environmental Science Services Administration”.Pub. L. 90–525 § 1 · 82 Stat. 877
Substituted · 10 U.S.C. § 2733(a)
Pub. L. 90–525, § 1, substituted “Secretary concerned” for “Secretary of a military department”, and authorized the Chief Legal Officer of the Coast Guard to settle claims, settlement of claims for damage or loss to personal property in possession of the Coast Guard, and settlements when the torts are caused by civilian officers or employees and members of the Coast Guard when acting within scope of employment or otherwise incident to noncombat activities of the Coast Guard
Source evidence
Code amendment note
Subsec. (a). Pub. L. 90–525, § 1, substituted “Secretary concerned” for “Secretary of a military department”, and authorized the Chief Legal Officer of the Coast Guard to settle claims, settlement of claims for damage or loss to personal property in possession of the Coast Guard, and settlements when the torts are caused by civilian officers or employees and members of the Coast Guard when acting within scope of employment or otherwise incident to noncombat activities of the Coast Guard.Pub. L. 90–522 § 1(1) · 82 Stat. 875
Changed · 10 U.S.C. § 2733(b)(4)
Pub. L. 90–522, § 1(1), authorized application of local law in determining effect of claimant’s contributory negligence
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 90–522, § 1(1), authorized application of local law in determining effect of claimant’s contributory negligence.Enacted provision · exact public law section
(1) striking out the word “and” at the end of clause (4) of subsection (b) and inserting in place thereof “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”;Pub. L. 90–525 § 5 · 82 Stat. 877
Struck · 10 U.S.C. § 2733(d)
Pub. L. 90–525, § 5, struck out “of the military department” after “Secretary”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 90–525, § 5, struck out “of the military department” after “Secretary”.Enacted provision · exact public law section
Sec. 5. Subsection (d) of section 2733 of title 10, United States Code, is amended to read as follows: “(d) If the Secretary concerned considers that a claim in excess of $5,000 is meritorious and would otherwise be covered by this section, Report to Congress. 74 Stat. 878. he may pay the claimant $5,000 and report the excess to Congress for its consideration.”Pub. L. 90–525 § 3 · 82 Stat. 877
Struck · 10 U.S.C. § 2733(g)
Pub. L. 90–525, § 3, increased limitation on amount of settlement from $1,000 to $2,500, struck out “military” before “department concerned”, and provided for appeals to Secretary concerned, or his designee, from determinations delegating authority to settle claims to an officer of an armed force. See Pub. L. 90–522, § 1(2), hereunder, for identical provision for appeals to Secretary concerned
Source evidence
Code amendment note
Subsec. (g). Pub. L. 90–525, § 3, increased limitation on amount of settlement from $1,000 to $2,500, struck out “military” before “department concerned”, and provided for appeals to Secretary concerned, or his designee, from determinations delegating authority to settle claims to an officer of an armed force. See Pub. L. 90–522, § 1(2), hereunder, for identical provision for appeals to Secretary concerned.Enacted provision · exact public law section
Sec. 3. Subsection (g) of section 2733 of title 10, United States Code, 72 Stat. 813. is amended to read as follows: “(g) In any case, where the amount to be paid is not more than $2,500, the authority contained in subsection (a) may be delegated to any officer of an armed force under the jurisdiction of the department concerned, subject to appeal to the Secretary concerned, or his designee for that purpose.”Pub. L. 90–522 § 1(2) · 82 Stat. 875
Changed · 10 U.S.C. § 2733(g)
Pub. L. 90–522, § 1(2), provided for appeals to Secretary concerned, or his designee, from determinations delegating authority to settle claims to an officer of an armed force
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 90–522, § 1(2), provided for appeals to Secretary concerned, or his designee, from determinations delegating authority to settle claims to an officer of an armed force.Enacted provision · exact public law section
(1) striking out the word “and” at the end of clause (4) of subsection (b) and inserting in place thereof “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”;Pub. L. 90–525 § 4 · 82 Stat. 877
Added · 10 U.S.C. § 2733(h)
Pub. L. 90–525, § 4, added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 90–525, § 4, added subsec. (h).Enacted provision · exact public law section
Sec. 4. Section 2733 of title 10, United States Code, is amended by the addition of a new subsection (h) as follows: “(h) Under such regulations as the Secretary of Defense may prescribe, he or his designee has the same authority as the Secretary of a military department under this section with respect to the settlement of claims based on damage, loss, personal injury, or death caused by a civilian officer or employee, of the Department of Defense acting within the scope of his employment or otherwise incident to noncombat activities of that department.”Pub. L. 91–312 § 2(a) · 84 Stat. 412
Substituted · 10 U.S.C. § 2733(a)
Pub. L. 91–312, § 2(a), substituted “$15,000” for “$5,000”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 91–312, § 2(a), substituted “$15,000” for “$5,000”.Enacted provision · exact public law section
(a) Subsection (a) of section 2733 of title 10, United States 82 Stat. 877. Code, is amended by striking “$5,000” and inserting “$15,000”.Pub. L. 91–312 § 2(b) · 84 Stat. 412
Substituted · 10 U.S.C. § 2733(d)
Pub. L. 91–312, § 2(b), substituted “$15,000” for “$5,000” wherever appearing
Source evidence
Code amendment note
Subsec. (d). Pub. L. 91–312, § 2(b), substituted “$15,000” for “$5,000” wherever appearing.Enacted provision · exact public law section
(b) Subsection (d) of section 2733 of title 10, United States Code, is amended to read as follows: “(d) If the Secretary concerned considers that a claim in excess of $15,000 is meritorious and would otherwise be covered by this section, Report to Congress. he may pay the claimant $15,000 and report the excess to Congress for its consideration.”Pub. L. 93–336 § 1(1) · 88 Stat. 291
Substituted · 10 U.S.C. § 2733(a)
Pub. L. 93–336, § 1(1), substituted “$25,000” for “$15,000”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 93–336, § 1(1), substituted “$25,000” for “$15,000”.Enacted provision · exact public law section
(1) Subsection (a) is amended by striking out “$15,000” and inserting “$25,000” in place of “$15,000”.Pub. L. 93–336 § 1(2) · 88 Stat. 291
Substituted · 10 U.S.C. § 2733(d)
Pub. L. 93–336, § 1(2), substituted “$25,000” for “$15,000” wherever appearing
Source evidence
Code amendment note
Subsec. (d). Pub. L. 93–336, § 1(2), substituted “$25,000” for “$15,000” wherever appearing.Enacted provision · exact public law section
(1) Subsection (a) is amended by striking out “$15,000” and inserting “$25,000” in place of “$15,000”.Pub. L. 93–336 § 1(3) · 88 Stat. 291
Substituted · 10 U.S.C. § 2733(g)
Pub. L. 93–336, § 1(3), substituted “$5,000” for “$2,500”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 93–336, § 1(3), substituted “$5,000” for “$2,500”.Enacted provision · exact public law section
(1) Subsection (a) is amended by striking out “$15,000” and inserting “$25,000” in place of “$15,000”.Defense Officer Personnel Management Act
Pub. L. 96–513 title V § 511(94) · 94 Stat. 2835
Substituted · 10 U.S.C. § 2733(f)
Pub. L. 96–513 substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 96–513 substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.Enacted provision · exact public law section
(94) Section 2733(f) is amended by striking out “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”.Effective date note
Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a Amendment note under section 101 of this title.Pub. L. 98–564 § 1(1) · 98 Stat. 2918
Substituted · 10 U.S.C. § 2733(a)
Pub. L. 98–564, § 1(1), substituted “Chief Counsel” for “chief legal officer” in provisions preceding par. (1)
Substituted · 10 U.S.C. § 2733(a)
Pub. L. 98–564, § 1(1), substituted “$100,000” for “$25,000” in provisions preceding par. (1)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–564, § 1(1), substituted “Chief Counsel” for “chief legal officer” and “$100,000” for “$25,000” in provisions preceding par. (1).Enacted provision · exact public law section
(1) Subsection (a) is amended by striking out “chief legal officer” and “$25,000” and inserting in lieu thereof “Chief Counsel” and “$100,000”, respectively.Pub. L. 98–564 § 1(2) · 98 Stat. 2918
Amended · 10 U.S.C. § 2733(d)
Pub. L. 98–564, § 1(2), amended subsec. (d) generally
Substituted · 10 U.S.C. § 2733(d)
Pub. L. 98–564, § 1(2), substituting “$100,000” for “$25,000” and provisions requiring Secretary to report excess to the Comptroller General for provisions requiring reporting to Congress
Source evidence
Code amendment note
Subsec. (d). Pub. L. 98–564, § 1(2), amended subsec. (d) generally, substituting “$100,000” for “$25,000” and provisions requiring Secretary to report excess to the Comptroller General for provisions requiring reporting to Congress.Enacted provision · exact public law section
(1) Subsection (a) is amended by striking out “chief legal officer” and “$25,000” and inserting in lieu thereof “Chief Counsel” and “$100,000”, respectively.Pub. L. 98–564 § 1(3) · 98 Stat. 2918
Substituted · 10 U.S.C. § 2733(g)
Pub. L. 98–564, § 1(3), substituted provisions permitting officers and employees of Secretary concerned to settle claims not otherwise payable under this section in amounts not to exceed $25,000 and providing for an appeal to Secretary concerned or his designee for provisions which provided for delegation of claims settlement authority by Secretary for cases not to exceed $5,000 and for appeal therefrom
Source evidence
Code amendment note
Subsec. (g). Pub. L. 98–564, § 1(3), substituted provisions permitting officers and employees of Secretary concerned to settle claims not otherwise payable under this section in amounts not to exceed $25,000 and providing for an appeal to Secretary concerned or his designee for provisions which provided for delegation of claims settlement authority by Secretary for cases not to exceed $5,000 and for appeal therefrom.Enacted provision · exact public law section
(1) Subsection (a) is amended by striking out “chief legal officer” and “$25,000” and inserting in lieu thereof “Chief Counsel” and “$100,000”, respectively.General Accounting Office Act of 1996
Pub. L. 104–316 title II § 202(e) · 110 Stat. 3826
Substituted · 10 U.S.C. § 2733(d)
Pub. L. 104–316 substituted “Secretary of the Treasury” for “Comptroller General”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 104–316 substituted “Secretary of the Treasury” for “Comptroller General”.Enacted provision · exact public law section
(e) Payment OF Claims.— Sections 2733(d) and 2734(d) of title 10, United States Code, are amended by striking “Comptroller General” and inserting “Secretary of the Treasury”.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title IX § 924(b)(2)(A)(ix) · 134 Stat. 3388
Substituted · 10 U.S.C. § 2733(a)
Pub. L. 116–283 substituted “Marine Corps, Space Force,” for “Marine Corps,” in par. (2) and in concluding provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–283 substituted “Marine Corps, Space Force,” for “Marine Corps,” in par. (2) and in concluding provisions.Enacted provision · exact public law section
(ix) Section 2733(a).
26 of 28 references resolved to an enrolled provision · 2 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| 1956 Act | ||
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 2733(a) 2733(b) 2733(c)2733(d)2733(e) 2733(f) | 31:223b (1st sentence, less 52d through 62d, and 76th through 93d, words; and less proviso).[Uncodified: Aug. 2, 1946, ch. 753, § 424(a) (4th clause), 60 Stat. 847].31:223b (76th through 93d words and proviso of 1st sentence; and 2d sentence).31:223b (3d sentence).31:223b (last sentence).31:223b (52d through 62d words of 1st sentence).31:222h.[31:223b is made applicable to the Navy by 31:223d and 223e]. | July 3, 1943, ch. 189, § 1 (less 4th sentence), 57 Stat. 372; May 29, 1945, ch. 135, § 4, 59 Stat. 225; June 28, 1946, ch. 514, § 1, 60 Stat. 332; July 3, 1952, ch. 570, § 2(c), 66 Stat. 334; Mar. 31, 1953, ch. 13 (as applicable to Act of July 3, 1952, ch. 570, § 2(c)), 67 Stat. 18; June 30, 1953, ch. 172 (as applicable to Act of July 3, 1952, ch. 570, § 2(c)), 67 Stat. 131.Aug. 2, 1946, ch. 753, § 424(a) (4th clause), 60 Stat. 847.Dec. 28, 1945, ch. 597, § 1, 59 Stat. 662; June 28, 1946, ch. 514, § 2, 60 Stat. 333. |
| Dec. 28, 1945, ch. 597, § 6; added Mar. 20, 1946, ch. 104 (last par.), 60 Stat. 56. | ||
In subsection (a), the words “a civilian officer or employee of that department, or a member of the Army, Navy, Air Force, or Marine Corps, as the case may be” are substituted for the words “military personnel or civilian employees of the Department of the Army or of the Army”. The words “whether under a lease, express or implied” are omitted as surplusage. The words “consider, ascertain, adjust, determine” are omitted as covered by the word “settle”, as defined in section 2731 of this title. The words “arising on or after ” are omitted as executed, since, under revised subsection (b), a claim must be filed within one year after it accrues, or within one year after the war is terminated, if it accrues in time of war.
In subsection (a)(1), the words “or loss” are inserted before the word “incident”, for clarity.
In subsection (b)(1), the words “it accrues” are substituted for the words “the accident or incident out of which such claim arises shall have occurred”, in 31:223b. The words “the claim accrues” are substituted for the words “That if such accident or incident occurs”. The words “not later than” are substituted for the words “within” to make it clear that a claim may be presented during a war. The words “the war is terminated” are substituted for the words “after peace is established”, since the other time covered is “time of war”. 31:223b (last 49 words of proviso of 2d sentence) is omitted as executed.
In subsection (b)(2), the words “or section 2672 of title 28” are substituted for the words “claims cognizable under part 2 of this title”, to reflect the express amendment of 31:223b and 223c by the fourth clause of section 424(a) of the Federal Tort Claims Act, 60 Stat. 847. Section 424(a) of the Federal Tort Claims Act referred to “claims cognizable under part 2 of this title”. Part 2 of that act consisted of sections 403 and 404 which were repealed by section 39 of the Act of June 25, 1948, ch. 646, 62 Stat. 1008, and replaced by sections 2672 and 2673 of title 28. The words “or possessions thereof” are omitted, since possessions of foreign countries are not specifically covered by the section to which the words refer.
In subsection (d), the words “claim * * * that would otherwise be covered by this section” are substituted for the words “such claims”.
In subsection (e), the words “and final settlement” are omitted as surplusage.
historicalAndRevision
| 1958 Act | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 2733 | 31:223b. | Mar. 29, 1956, ch. 103, §§ 1–3, 70 Stat. 60, 61. |
Editorial Notes
Amendments1958–2021 · 9 rounds
2021
Subsec. (a). Pub. L. 116–283 substituted “Marine Corps, Space Force,” for “Marine Corps,” in par. (2) and in concluding provisions.
1996
Subsec. (d). Pub. L. 104–316 substituted “Secretary of the Treasury” for “Comptroller General”.
1984
Subsec. (a). Pub. L. 98–564, § 1(1), substituted “Chief Counsel” for “chief legal officer” and “$100,000” for “$25,000” in provisions preceding par. (1).
Subsec. (d). Pub. L. 98–564, § 1(2), amended subsec. (d) generally, substituting “$100,000” for “$25,000” and provisions requiring Secretary to report excess to the Comptroller General for provisions requiring reporting to Congress.
Subsec. (g). Pub. L. 98–564, § 1(3), substituted provisions permitting officers and employees of Secretary concerned to settle claims not otherwise payable under this section in amounts not to exceed $25,000 and providing for an appeal to Secretary concerned or his designee for provisions which provided for delegation of claims settlement authority by Secretary for cases not to exceed $5,000 and for appeal therefrom.
1980
Subsec. (f). Pub. L. 96–513 substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.
1974
Subsec. (a). Pub. L. 93–336, § 1(1), substituted “$25,000” for “$15,000”.
Subsec. (d). Pub. L. 93–336, § 1(2), substituted “$25,000” for “$15,000” wherever appearing.
Subsec. (g). Pub. L. 93–336, § 1(3), substituted “$5,000” for “$2,500”.
1970
Subsec. (a). Pub. L. 91–312, § 2(a), substituted “$15,000” for “$5,000”.
Subsec. (d). Pub. L. 91–312, § 2(b), substituted “$15,000” for “$5,000” wherever appearing.
1968
Subsec. (a). Pub. L. 90–525, § 1, substituted “Secretary concerned” for “Secretary of a military department”, and authorized the Chief Legal Officer of the Coast Guard to settle claims, settlement of claims for damage or loss to personal property in possession of the Coast Guard, and settlements when the torts are caused by civilian officers or employees and members of the Coast Guard when acting within scope of employment or otherwise incident to noncombat activities of the Coast Guard.
Subsec. (b)(4). Pub. L. 90–522, § 1(1), authorized application of local law in determining effect of claimant’s contributory negligence.
Subsec. (d). Pub. L. 90–525, § 5, struck out “of the military department” after “Secretary”.
Subsec. (g). Pub. L. 90–525, § 3, increased limitation on amount of settlement from $1,000 to $2,500, struck out “military” before “department concerned”, and provided for appeals to Secretary concerned, or his designee, from determinations delegating authority to settle claims to an officer of an armed force. See Pub. L. 90–522, § 1(2), hereunder, for identical provision for appeals to Secretary concerned.
Pub. L. 90–522, § 1(2), provided for appeals to Secretary concerned, or his designee, from determinations delegating authority to settle claims to an officer of an armed force.
Subsec. (h). Pub. L. 90–525, § 4, added subsec. (h).
1966
Subsec. (f). Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”.
1958
Subsec. (a). Pub. L. 85–729, § 1(1)(A), substituted “the Judge Advocate General of an armed force under his jurisdiction, if designated by him, may settle, and pay in an amount not more than $5,000” for “any officer designated by him may settle, and pay in an amount not more than $1,000”.
Subsec. (b). Pub. L. 85–861, § 1(54)(A), (B), in cl. (1), substituted “two years” for “one year” in three places and included claims accruing in time of armed conflict, and inserted sentence providing for the determination of dates of the beginning and ending of an armed conflict.
Subsec. (c). Pub. L. 85–861, § 1(54)(C), substituted provisions prohibiting payment for reimbursement for medical, hospital, or burial services furnished at the expense of the United States for provisions which prohibited allowance of claims for personal injury or death for more than the cost of reasonable medical, hospital, and burial expenses actually incurred, and not otherwise furnished or paid by the United States.
Subsec. (d). Pub. L. 85–729, § 1(1)(B), substituted provisions authorizing partial payments on claims over $5,000 for provisions which authorized the Secretary of the military department concerned to report a claim for more than $1,000 to Congress for its consideration.
Subsec. (e). Pub. L. 85–729, § 1(1)(B), substituted “Except as provided in subsection (d), no claim may be paid under this section” for “No claim may be paid under subsection (a)”.
Subsec. (g). Pub. L. 85–729, § 1(1)(C), added subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective , see section 701(b)(3) of Pub. L. 96–513, set out as a Amendment note under section 101 of this title.
Repeals
The directory language of, but not the amendment made by, Pub. L. 89–718, § 8(a), , 80 Stat. 1117, cited as a credit to this section, was repealed by Pub. L. 97–295, § 6(b), , 96 Stat. 1314.
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 relating 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 Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.
Claims for Injury or Death Accrued Before March 30, 1956
Pub. L. 85–861, § 17, , 72 Stat. 1558, disallowed claims for personal injury or death under section 2733 of this title, for more than the cost of reasonable medical, hospital, and burial expenses actually incurred if the claim accrued before .
Executive Documents
Transfer of Functions
For transfer of functions of Public Health Service, see note set out under section 802 of this title.
Credits
1956–2021 · 12 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 153
- 1958Pub. L. 85–729, § 1, , 72 Stat. 813
- 1958Pub. L. 85–861, § 1(54), , 72 Stat. 1461
- 1966Pub. L. 89–718, § 8(a), , 80 Stat. 1117
- 1968Pub. L. 90–522, , 82 Stat. 875
- 1968Pub. L. 90–525, §§ 1, 3–5, , 82 Stat. 877, 878
- 1970Pub. L. 91–312, § 2, , 84 Stat. 412
- 1974Pub. L. 93–336, § 1, , 88 Stat. 291
- 1980Pub. L. 96–513, title V, § 511(94), , 94 Stat. 2928
- 1984Pub. L. 98–564, § 1, , 98 Stat. 2918
- 1996Pub. L. 104–316, title II, § 202(e), , 110 Stat. 3842
- 2021Pub. L. 116–283, div. A, title IX, § 924(b)(2)(A)(ix), , 134 Stat. 3821.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 153; Pub. L. 85–729, § 1, , 72 Stat. 813; Pub. L. 85–861, § 1(54), , 72 Stat. 1461; Pub. L. 89–718, § 8(a), , 80 Stat. 1117; Pub. L. 90–522, , 82 Stat. 875; Pub. L. 90–525, §§ 1, 3–5, , 82 Stat. 877, 878; Pub. L. 91–312, § 2, , 84 Stat. 412; Pub. L. 93–336, § 1, , 88 Stat. 291; Pub. L. 96–513, title V, § 511(94), , 94 Stat. 2928; Pub. L. 98–564, § 1, , 98 Stat. 2918; Pub. L. 104–316, title II, § 202(e), , 110 Stat. 3842; Pub. L. 116–283, div. A, title IX, § 924(b)(2)(A)(ix), , 134 Stat. 3821.)