
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2733]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                      CHAPTER 163--MILITARY CLAIMS
 
Sec. 2733. Property loss; personal injury or death: incident to 
        noncombat activities of Department of Army, Navy, or Air Force
        
    (a) 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--
        (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 
    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, or Coast 
    Guard, as the case may be; or
        (3) 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, 
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.
    (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 this title or section 
    2672 of title 28;
        (3) 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;
        (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 ending 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.
    (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 Secretary of the 
Treasury 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) 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.
    (g) 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.
    (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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 153; Pub. L. 85-729, Sec. 1, Aug. 
23, 1958, 72 Stat. 813; Pub. L. 85-861, Sec. 1(54), Sept. 2, 1958, 72 
Stat. 1461; Pub. L. 89-718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. 
L. 90-522, Sept. 26, 1968, 82 Stat. 875; Pub. L. 90-525, Secs. 1, 3-5, 
Sept. 26, 1968, 82 Stat. 877, 878; Pub. L. 91-312, Sec. 2, July 8, 1970, 
84 Stat. 412; Pub. L. 93-336, Sec. 1, July 8, 1974, 88 Stat. 291; Pub. 
L. 96-513, title V, Sec. 511(94), Dec. 12, 1980, 94 Stat. 2928; Pub. L. 
98-564, Sec. 1, Oct. 30, 1984, 98 Stat. 2918; Pub. L. 104-316, title II, 
Sec. 202(e), Oct. 19, 1996, 110 Stat. 3842.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2733(a)...............................  31:223b (1st sentence, less 52d      Ju
ly 3, 1943, ch. 189, Sec.  1
                                         through 62d, and 76th through 93d,   (
less 4th sentence), 57 Stat. 372;
                                         words; and less proviso).            M
ay 29, 1945, ch. 135, Sec.  4, 59
                                        [Uncodified: Aug. 2, 1946, ch. 753,   S
tat. 225; June 28, 1946, ch. 514,
                                         Sec.  424(a) (4th clause), 60        S
ec.  1, 60 Stat. 332; July 3,
2733(b)...............................   Stat. 847].                          1
952, ch. 570, Sec.  2(c), 66
                                        31:223b (76th through 93d words and   S
tat. 334; Mar. 31, 1953, ch. 13
                                         proviso of 1st sentence; and 2d      (
as applicable to Act of July 3,
                                         sentence).                           1
952, ch. 570, Sec.  2(c)), 67
                                        31:223b (3d sentence).                S
tat. 18; June 30, 1953, ch. 172
                                        31:223b (last sentence).              (
as applicable to Act of July 3,
                                        31:223b (52d through 62d words of     1
952, ch. 570, Sec.  2(c)), 67
2733(c)...............................   1st sentence).                       S
tat. 131.
2733(d)...............................  31:222h.                             Au
g. 2, 1946, ch. 753, Sec.  424(a)
2733(e)...............................  [31:223b is made applicable to the    (
4th clause), 60 Stat. 847.
                                         Navy by 31:223d and 223e].          De
c. 28, 1945, ch. 597, Sec.  1, 59
2733(f)...............................                                        S
tat. 662; June 28, 1946, ch. 514,
                                                                              S
ec.  2, 60 Stat. 333.
                                        ...................................  De
c. 28, 1945, ch. 597, Sec.  6;
                                                                              a
dded Mar. 20, 1946, ch. 104 (last
                                                                              p
ar.), 60 Stat. 56.
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---------------------------------

    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 May 27, 
1941'' 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.

                                                    1958 Act
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2733..................................  31:223b.                             Ma
r. 29, 1956, ch. 103, Secs.  1-3,
                                                                              7
0 Stat. 60, 61.
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---------------------------------

                               Amendments

    1996--Subsec. (d). Pub. L. 104-316 substituted ``Secretary of the 
Treasury'' for ``Comptroller General''.
    1984--Subsec. (a). Pub. L. 98-564, Sec. 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, Sec. 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, Sec. 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, Sec. 1(1), substituted 
``$25,000'' for ``$15,000''.
    Subsec. (d). Pub. L. 93-336, Sec. 1(2), substituted ``$25,000'' for 
``$15,000'' wherever appearing.
    Subsec. (g). Pub. L. 93-336, Sec. 1(3), substituted ``$5,000'' for 
``$2,500''.
    1970--Subsec. (a). Pub. L. 91-312, Sec. 2(a), substituted 
``$15,000'' for ``$5,000''.
    Subsec. (d). Pub. L. 91-312, Sec. 2(b), substituted ``$15,000'' for 
``$5,000'' wherever appearing.
    1968--Subsec. (a). Pub. L. 90-525, Sec. 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, Sec. 1(1), authorized application of 
local law in determining effect of claimant's contributory negligence.
    Subsec. (d). Pub. L. 90-525, Sec. 5, struck out ``of the military 
department'' after ``Secretary''.
    Subsec. (g). Pub. L. 90-525, Sec. 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, 
Sec. 1(2), hereunder, for identical provision for appeals to Secretary 
concerned.
    Pub. L. 90-522, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1(1)(C), added subsec. (g).


                    Effective Date of 1980 Amendment

    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.


                                 Repeals

    The directory language of, but not the amendment made by, Pub. L. 
89-718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to 
this section, was repealed by Pub. L. 97-295, Sec. 6(b), Oct. 12, 1982, 
96 Stat. 1314.

                          Transfer of Functions

    For transfer of functions of Public Health Service, see note set out 
under section 802 of this title.


        Claims for Injury or Death Accrued Before March 30, 1956

    Section 17 of Pub. L. 85-861 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 March 30, 1956.

                  Section Referred to in Other Sections

    This section is referred to in sections 1588, 2735, 2736, 2738 of 
this title; title 5 section 5564; title 14 sections 821, 823a; title 31 
section 1304; title 37 section 554.
