
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: 31USC3721]

 
                       TITLE 31--MONEY AND FINANCE
 
                   SUBTITLE III--FINANCIAL MANAGEMENT
 
                           CHAPTER 37--CLAIMS
 
       SUBCHAPTER III--CLAIMS AGAINST THE UNITED STATES GOVERNMENT
 
Sec. 3721. Claims of personnel of agencies and the District of 
        Columbia government for personal property damage or loss
        
    (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, 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.

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 973; Pub. L. 97-452, 
Sec. 1(17), Jan. 12, 1983, 96 Stat. 2474; Pub. L. 100-565, Sec. 1, Oct. 
31, 1988, 102 Stat. 2833; Pub. L. 103-236, title I, Sec. 172(a), Apr. 
30, 1994, 108 Stat. 412; Pub. L. 104-106, div. A, title X, Sec. 1088(a), 
Feb. 10, 1996, 110 Stat. 458.)

                                          Historical and Revision Notes
                                                    1982 Act
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3721(a), (b).........................  31:240(3).                      Aug. 31,
 1964, Pub. L. 88-558, Secs.
                                                                        2(3), 4
, 78 Stat. 767, 768.
                                       31:241(a)(1)(1st sentence       Aug. 31,
 1964, Pub. L. 88-558, Sec.
                                        words after 3d comma, 2d        3(a)(1)
, 78 Stat. 767; restated Sept.
                                        sentence words after last       15, 196
5, Pub. L. 89-185, Sec.  3(b), 79
                                        comma, last sentence).          Stat. 7
89; Oct. 18, 1974, Pub. L. 93-
                                                                        455, Se
c.  1(a), 88 Stat. 1381.
                                       31:241(a)(2)(words after 1st    Aug. 31,
 1964, Pub. L. 88-558, Sec.
                                        comma).                         3(a)(2)
, (3), (b)(2)-(d), 78 Stat. 767;
                                                                        restate
d Sept. 15, 1965, Pub. L. 89-185,
                                                                        Sec.  3
(b)-(d), 79 Stat. 789, 790.
                                       31:241(b)(1)(1st sentence       Aug. 31,
 1964, Pub. L. 88-558, Sec.
                                        words after 5th comma, 2d       3(b)(1)
, 78 Stat. 767; Sept. 15, 1965,
                                        sentence words after last       Pub. L.
 89-185, Sec.  3(b), 79 Stat.
                                        comma, last sentence).          790; Ju
ly 13, 1972, Pub. L. 92-352, Sec.
                                                                         106(a)
, 86 Stat. 491; restated Oct. 18,
                                                                        1974, P
ub. L. 93-455, Sec.  1(b), 88
                                                                        Stat. 1
381.
                                       31:243a(d)(2d sentence related  Aug. 31,
 1964, Pub. L. 88-558, 78 Stat.
                                        to payment).                    767, Se
c.  9; added Dec. 12, 1980, Pub.
                                                                        L. 96-5
19, Sec.  1, 94 Stat. 3031.
3721(c)(1)...........................  31:243a(a)(words after 1st
                                        comma).
3721(c)(2)...........................  31:243a(e).
3721(c)(3)...........................  31:243a(note).                  Dec. 12,
 1980, Pub. L. 96-519, Sec.  2,
                                                                        94 Stat
. 3032.
3721(d)..............................  31:241(f).                      Aug. 31,
 1964, Pub. L. 88-558, 78 Stat.
                                                                        767, Se
c.  3(f); added Oct. 12, 1968,
                                                                        Pub. L.
 90-561, 82 Stat. 998.
3721(e)..............................  31:241(c)(2).
3721(f)..............................  31:241(a)(1)(2d sentence words
                                        before last comma), (b)(1)(2d
                                        sentence words before last
                                        comma), (c)(3).
                                       31:243a(d)(2d sentence less
                                        payment, last sentence).
3721(g)..............................  31:241(c)(1), (d).
                                       31:243a(c).
3721(h)..............................  31:241(a)(3), (b)(2).
                                       31:243a(b).
3721(i)..............................  31:243.                         Aug. 31,
 1964, Pub. L. 88-558, 78 Stat.
                                                                        767, Se
c.  8; added Sept. 15, 1965, Pub.
                                                                        L. 89-1
85, Sec.  5, 79 Stat. 791.
3721(j)..............................  31:241(a)(1)(1st sentence
                                        words before 3d comma),
                                        (2)(words before 1st comma),
                                        (b)(1)(1st sentence words
                                        before 5th comma).
                                       31:243a(a)(words before 1st
                                        comma), (d)(1st sentence).
3721(k)..............................  31:242.
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---------------------------------

    In the section, the words ``or his designee'' are omitted as 
unnecessary.
    In subsections (b) and (c), the word ``civilian'' is omitted as 
surplus.
    In subsection (b), the words ``arising after August 31, 1964'' and 
``arising after October 18, 1974'' and 31:241(a)(1)(last sentence) and 
(b)(1)(last sentence) are omitted as executed.
    In subsection (c)(1)(B), the words ``mob violence, terrorist 
attacks, or other'' are omitted as surplus. The word ``members'' is 
added for consistency.
    In subsection (c)(2), the words ``in which that damage or loss 
occurred'' are omitted as surplus.
    In subsection (c)(3), the text of section 2(last sentence) of the 
Act of December 12, 1980 (Pub. L. 96-519, 94 Stat. 3032) is omitted as 
obsolete.
    Subsection (d) is substituted for 31:241(f) because of the 
restatement.
    In subsection (e), the words ``assigned to him or otherwise'' in 
31:241(c)(2) are omitted as surplus. The words ``or the District of 
Columbia government'' are added because of the restatement.
    In subsection (f), the words ``the head of the agency decides'' are 
substituted for ``determined to be'' in 31:241(b)(1) for clarity.
    In subsection (g), the text of 31:243a(c)(words after 1st comma) are 
omitted as executed. The words ``in writing'' and ``of the United 
States'' in 31:241(c)(1) are omitted as unnecessary.
    In subsection (h)(1), the words ``the surviving . . . of a dead 
member, officer, or employee'' are substituted for ``If a person named 
in this subsection is dead'' and ``the decedent's surviving'' in 
31:241(a)(3) and (b)(2) and ``if such person is deceased'' and ``the 
decedent's surviving'' in 31:243a(b) to omit surplus words. The words 
``that arose before, concurrently with, or after the decedent's death'' 
in 31:241(a)(3) and (b)(2) and 31:243a(b) are omitted as surplus. The 
words ``child, parent, or brother or sister'' are substituted for ``(2) 
children, (3) father or mother, or both, or (4) brothers or sisters, or 
both'' to eliminate surplus words and because of 1:1. The words 
``otherwise payable'' are substituted for ``otherwise covered'' for 
clarity.
    Subsection (h)(2) is substituted for ``Claims of survivors shall be 
settled and paid in the order named'' in 31:241(a)(3) and (b)(2) and 
``Claims of survivors shall be settled and paid in the order set forth 
in the preceding sentence'' in 31:243a(b) for clarity.
    In subsection (i), the words ``to the contrary'' are omitted as 
surplus. The words ``representative of a claimant'' are substituted for 
``agent or attorney'' for clarity and consistency. The words ``be paid 
or delivered to or'' are omitted as surplus. The word ``payment'' is 
substituted for ``amount paid in settlement'' to eliminate unnecessary 
words. The words ``individual . . . submitted and settled . . . the 
authority of'' are omitted as surplus. The words ``and the same shall be 
unlawful'' are omitted because of the restatement. The words ``shall be 
deemed guilty of a misdemeanor and upon conviction thereof . . . in any 
sum'' are omitted as surplus.
    In subsection (j), the words ``the purposes of'' in 31:241(b)(1)(1st 
sentence words before 5th comma) are omitted as surplus. The words 
``(except subsection (b) to the extent that subsection (b) applies to 
the military departments, the Department of Defense, and the Coast 
Guard)'' are substituted for the source provisions because of the 
restatement. The words ``to carry out this section'' after 
``regulations'' are added for clarity.
    In subsection (k), the words ``Notwithstanding any other provision 
of law'' are omitted as unnecessary.

                                                    1983 Act
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3721(b)..............................  31 App.:241(a)(1), (b)(1).      July 28,
 1982, Pub. L. 97-226, Sec.
                                                                        1(a), 9
6 Stat. 245.
-------------------------------------------------------------------------------
---------------------------------

                               Amendments

    1996--Subsec. (b)(1). Pub. L. 104-106 inserted after first sentence 
``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.''
    1994--Subsec. (b). Pub. L. 103-236 designated existing provisions as 
par. (1) and added par. (2).
    1988--Subsec. (b). Pub. L. 100-565, Sec. 1(1), substituted 
``$40,000'' for ``$25,000''.
    Subsec. (c). Pub. L. 100-565, Sec. 1(2), in amending subsec. (c) 
generally, redesignated former subsec. (c)(2) as (c) and substituted 
``section'' for ``subsection'', struck out par. (1) which authorized 
agency head to pay claim against Government for not more than $40,000 to 
member of uniformed services, or officer or employee of agency, for 
damage to, or loss of, personal property in foreign country, incurred 
after December 30, 1978, incident to service, after evacuation from 
foreign country, and struck out par. (3) which limited amounts to be 
obligated or expended for claims to extent provided in advance in 
appropriation laws.
    1983--Subsec. (b). Pub. L. 97-452 substituted ``$25,000'' for 
``$15,000''.


                    Effective Date of 1996 Amendment

    Section 1088(b) of Pub. L. 104-106 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply to claims 
arising before, on, or after the date of the enactment of this Act [Feb. 
10, 1996].''


                    Effective Date of 1994 Amendment

    Section 172(b) of Pub. L. 103-236 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to claims arising on or after October 31, 1988.''


                    Effective Date of 1988 Amendment

    Section 2 of Pub. L. 100-565 provided that: ``The amendments made by 
this Act [amending this section] shall apply only to claims arising on 
or after the date of the enactment of this Act [Oct. 31, 1988].''


                    Effective Date of 1983 Amendment

    Section 2(g) of Pub. L. 97-452 provided that: ``The amendment made 
by section 1(17) of this Act [amending this section] applies only to 
claims arising after July 27, 1982.''


              Representments of Previously Presented Claims

    Section 1088(c) of Pub. L. 104-106 provided that:
    ``(1) A claim under subsection (b) of section 3721 of title 31, 
United States Code, that was settled under such section before the date 
of the enactment of this Act [Feb. 10, 1996] may be represented under 
such section, as amended by subsection (a), to the head of the agency 
concerned to recover the amount equal to the difference between the 
actual amount of the damage or loss and the amount settled and paid 
under the authority of such section before the date of the enactment of 
this Act, except that--
        ``(A) the claim shall be represented in writing within two years 
    after the date of the enactment of this Act;
        ``(B) a determination of the actual amount of the damage or loss 
    shall have been made by the head of the agency concerned pursuant to 
    settlement of the claim under the authority of such section before 
    the date of the enactment of this Act;
        ``(C) the claimant shall have proof of the determination 
    referred to in subparagraph (B); and
        ``(D) the total of all amounts paid in settlement of the claim 
    under the authority of such section may not exceed $100,000.
    ``(2) Subsection (k) of such section shall not apply to bar 
representment of a claim described in paragraph (1), but shall apply to 
such a claim that is represented and settled under that section after 
the date of the enactment of this Act.''

                  Section Referred to in Other Sections

    This section is referred to in title 10 section 2739; title 14 
section 823a; title 16 sections 18i, 558c; title 26 section 6402; title 
43 section 1737.
