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.
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.
10 U.S.C. § 2733
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. |
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
AMENDMENTS2021-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 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.
REPEALSThe directory language of, but not the amendment made by, Pub. L. 89-718, §8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this section, was repealed by Pub. L. 97-295, §6(b), Oct. 12, 1982, 96 Stat. 1314.
TRANSFER OF FUNCTIONSFor 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 November 25, 2002, as modified, set out as a note under section 542 of Title 6.
CLAIMS FOR INJURY OR DEATH ACCRUED BEFORE MARCH 30, 1956Pub. L. 85-861, §17, Sept. 2, 1958, 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 March 30, 1956.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONSFor transfer of functions of Public Health Service, see note set out under section 802 of this title.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- officer
- The term "officer" means a commissioned or warrant officer.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- possessions
- The term "possessions" includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.