
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 106-185 Section 3(b)]
[CITE: 31USC3724]

 
                       TITLE 31--MONEY AND FINANCE
 
                   SUBTITLE III--FINANCIAL MANAGEMENT
 
                           CHAPTER 37--CLAIMS
 
       SUBCHAPTER III--CLAIMS AGAINST THE UNITED STATES GOVERNMENT
 
Sec. 3724. Claims for damages caused by investigative or law 
        enforcement officers of the Department 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 investigative 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, 
Sec. 1(a), (b)(1), Dec. 7, 1989, 103 Stat. 1805; Pub. L. 105-362, title 
X, Sec. 1001(c), Nov. 10, 1998, 112 Stat. 3291.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3724(a)..............................  31:224b(words before 9th comma  Mar. 20,
 1936, ch. 159, 49 Stat. 1184.
                                        and between 10th and 11th
                                        commas, 1st, 2d provisos).
                                       31:224b(note).                  Aug. 2, 
1946, ch. 753, Sec.  424(a)(2d
                                                                        par. on
 p. 847), (b)(related to 2d par.
                                                                        of (a) 
on p. 847), 60 Stat. 847.
3724(b)..............................  31:224b(words between 9th and
                                        10th commas and between 11th
                                        comma and 1st proviso).
3724(c)..............................  31:224b(last proviso).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``of the United States'' are omitted as 
unnecessary. The word ``settle'' is substituted for ``consider, adjust, 
and determine'' for consistency. The words ``after January 1, 1934'' are 
omitted as executed. The words ``personal injury, death'' are 
substituted for ``damages to any person'' for clarity. The words ``of 
the Department of Justice'' are omitted as unnecessary. The words ``that 
may not be settled under chapter 171 of title 28'' are substituted for 
section 424(a)(2d par. on p. 847) and (b)(related to 2d par. of (a) on 
p. 847) of the Legislative Reorganization Act of 1946 (31:224b(note)) 
because of the restatement. The words ``An officer or employee of the 
United States Government may not present a claim arising during the 
scope of employment'' are substituted for 31:224b(1st proviso) to 
eliminate unnecessary words. The text of 31:224b(2d proviso words after 
semicolon) is omitted as executed.
    In subsection (b), the word ``settlement'' is substituted for 
``amount as may be found due to any claimant . . . as a legal claim'' 
for clarity and consistency. The words ``by Congress'' are omitted as 
surplus.
    In subsection (c), the words ``A claim may be paid under this 
section'' are added for clarity. The words ``of the settlement'' are 
substituted for ``determined to be due him under the provisions of this 
section'' for consistency and to eliminate unnecessary words. The word 
``complete'' is substituted for ``full and final'' to eliminate 
unnecessary words. The word ``satisfaction'' is substituted for 
``settlement'' for clarity.


                               Amendments

    1998--Subsecs. (b), (c). Pub. L. 105-362 redesignated subsec. (c) as 
(b) and struck out former subsec. (b) which read as follows: ``The 
Attorney General shall report annually to the Congress on all 
settlements made under this section. With respect to each such 
settlement, the Attorney General shall include a brief statement on the 
type of the claim, the amount claimed, and the amount of the 
settlement.''
    1989--Pub. L. 101-203, Sec. 1(b)(1), amended section catchline 
generally, substituting ``investigative or law enforcement officers of 
the Department of Justice'' for ``the Federal Bureau of Investigation''.
    Subsec. (a). Pub. L. 101-203, Sec. 1(a)(1), substituted ``$50,000'' 
for ``$500'' and ``an investigative or law enforcement officer as 
defined in section 2680(h) of title 28 who is employed by the Department 
of Justice'' for ``the Director or an Assistant Director, inspector, or 
special agent of the Federal Bureau of Investigation''.
    Subsec. (b). Pub. L. 101-203, Sec. 1(a)(2), substituted ``report 
annually to the Congress on all settlements made under this section. 
With respect to each such settlement, the'' for ``certify to Congress a 
settlement under this section for payment out of an appropriation that 
may be made to pay the settlement. The''.


                    Effective Date of 1989 Amendment

    Section 2 of Pub. L. 101-203 provided that: ``The amendments made by 
section 1 [amending this section] shall apply to--
        ``(1) any claim arising on or after the date of the enactment of 
    this Act [Dec. 7, 1989],
        ``(2) any claim pending on such date, and
        ``(3) any claim arising before such date which has not been 
    settled if the time for presenting the claim to the Attorney General 
    under the last sentence of section 3724(a) of title 31, United 
    States Code, has not expired.''


 Settlement of Claims for Damage to or Loss of Privately Owned Property

    Pub. L. 106-185, Sec. 3(b), Apr. 25, 2000, 114 Stat. 211, provided 
that:
    ``(1) In general.--With respect to a claim that cannot be settled 
under chapter 171 of title 28, United States Code, the Attorney General 
may settle, for not more than $50,000 in any case, a claim for damage 
to, or loss of, privately owned property caused by an investigative or 
law enforcement officer (as defined in section 2680(h) of title 28, 
United States Code) who is employed by the Department of Justice acting 
within the scope of his or her employment.
    ``(2) Limitations.--The Attorney General may not pay a claim under 
paragraph (1) that--
        ``(A) is presented to the Attorney General more than 1 year 
    after it accrues; or
        ``(B) is presented by an officer or employee of the Federal 
    Government and arose within the scope of employment.''
