Aug. 10, 1956, ch. 1041 70A Stat. 154 Pub. L. 85–861, § 1(55)72 Stat. 1461 Pub. L. 86–223, § 1(1)73 Stat. 453 Pub. L. 86–41174 Stat. 16 Pub. L. 90–52182 Stat. 874 Pub. L. 91–312, § 184 Stat. 412 Pub. L. 93–336, § 288 Stat. 292 Pub. L. 96–513, title V, § 511(95)94 Stat. 2928 Pub. L. 98–564, § 298 Stat. 2918 Pub. L. 101–510, div. A, title XIV, § 1481(j)(4)(A)104 Stat. 1709 Pub. L. 104–316, title II, § 202(e)110 Stat. 3842 Pub. L. 107–296, title XVII, § 1704(b)(1)116 Stat. 2314 Pub. L. 109–163, div. A, title X, § 1057(a)(5)119 Stat. 3440 (, ; , , ; , , ; , , ; , §§ 1, 3, , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)
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Historical and Revision Notes |
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1956 Act |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
2734(a)
2734(b)
2734(c) | 31:224d (less 98th through 109th words and provisos). 31:224d (1st and 3d provisos). 31:224d (2d proviso, less words after semicolon). | Jan. 2, 1942, ch. 645, §§ 1 (less last proviso), 6, 7, 55 Stat. 880; restated Apr. 22, 1943, ch. 67, §§ 1 (less last proviso), 6, 7, 57 Stat. 66, 67. |
2734(d) | 31:224d (words of 2d proviso after semicolon). | |
2734(e) | 31:224d (98th through 109th words). | |
2734(f) | 31:224i. | |
2734(g) | 31:224h. | |
section 2731 of this titleIn subsection (a), the words “for such purposes”, “or destruction”, “public”, “private”, “Army * * * forces”, and “whether under a lease, express or implied” are omitted as surplusage. The words “armed forces under his jurisdiction” are substituted for the words “Army, Air Force, Navy, or Marine Corps”. The same words are substituted for the words “Army, Air Force, Navy, or Marine Corps forces” to reflect the opinion of the Judge Advocate General of the Army (JAGD/D–55–51000, 17 Jan. 55). The word “settle” is substituted for the words “consider, ascertain, adjust, determine”, since the word “settle”, as defined in , includes those actions. The words “a member thereof, or by a civilian employee of the department concerned” are substituted for the words “or individual members thereof, including military personnel and civilian employees”. The last sentence is substituted for the words “including places located therein which are under the temporary or permanent jurisdiction of the United States”.
In subsection (a)(2), the words “United States” are substituted for the word “Government”.
In subsection (b), the word “accident” is omitted as surplusage. The words “except that claims arising out of accidents or incidents occurring after , but prior to , may be presented at any time prior to ” are omitted as executed. Clauses (2) and (3) are substituted for 31:224d (3d proviso).
In subsection (c), the first 28 words of the second proviso of 31:224d and the words “but does not exceed $5,000” are omitted as covered by subsection (a). The words “commanding officer or other” are omitted as surplusage. The word “commissioned” is inserted for clarity. The word “designated” is substituted for the words “may prescribe”.
In subsection (d), the word “may” is substituted for the words “shall have authority, if he deems”. The words “that would otherwise be covered by this section” are inserted for clarity. The words “to be meritorious” and “character of such” are omitted as surplusage.
In subsection (f), the words “a military department” are substituted for the words “service concerned” after the words “the request of the”. The words “or Commissions” and “even though not” are omitted as surplusage. The words “an armed force under the jurisdiction of another military department” are substituted for the words “service concerned” after the words “officers of the”. 31:224i (last 19 words) is omitted, since all claims are paid from one appropriation made to the Department of Defense.
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1958 Act |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
2734(a) 2734(d) 2734(f) 2734(h) | 31:224d. 31:224d. 31:224i. 31:224i–1. | |
In subsections (a)(1) and (2), the words “a foreign country” are substituted for the words “that country” to make clear that damage to a political subdivision or an inhabitant of a foreign country need not have occurred in that country.
section 2731 of this titlesection 224d of this titleIn subsection (h), the word “settle” is substituted for the words “consider, ascertain, adjust, determine,”, since the word “settle”, as defined in , includes those actions. The words “as provided in this section” are substituted for the words “as described in ” and 31:224i–1 (2d sentence).
Editorial Notes
Amendments
Pub. L. 109–1632006—Subsec. (a). substituted “Commonwealths or possessions” for “Territories, Commonwealths, or possessions” in concluding provisions.
Pub. L. 107–2962002—Subsec. (g). substituted “Department of Homeland Security” for “Department of Transportation”.
Pub. L. 104–3161996—Subsec. (d). substituted “Secretary of the Treasury” for “Comptroller General”.
Pub. L. 101–510section 2732 of this title1990—Subsec. (h). substituted “as provided in ” for “available to the Office of the Secretary of Defense for the payment of claims”.
Pub. L. 98–564, § 2(1)1984—Subsec. (a). , substituted “$100,000” for “$25,000” and inserted provisions whereby employees as well as officers of the Secretary may settle claims in text preceding par. (1).
Pub. L. 98–564, § 2(2), inserted “or employee” after “An officer” in last sentence.
Pub. L. 98–564, § 2(3)Subsec. (c). , substituted provisions whereby the Secretary may appoint officers and employees to act as approval authority for claims in excess of $10,000 for provisions which provided that allowance of a claim for more than $2,500 may be subject to the approval of any commissioned officer designated by the Secretary concerned.
Pub. L. 98–564, § 2(4)Subsec. (d). , substituted provisions providing that if the Secretary considers a claim in excess of $100,000 meritorious, the Secretary may pay $100,000 and report any excess amount to the Comptroller General for provisions which provided that for claims in excess of $25,000 the Secretary may pay $25,000 and certify any excess to Congress as a legal claim to be paid from appropriations.
Pub. L. 96–5131980—Subsec. (g). substituted “Department of Transportation” for “Department of the Treasury”.
Pub. L. 93–3361974—Subsec. (a). substituted “$25,000” for “$15,000”.
Pub. L. 93–336Subsec. (d). substituted “$25,000” for “$15,000” in two places.
Pub. L. 91–3121970—Subsec. (d). authorized the Secretary to pay, without certification to Congress, up to $15,000 towards the settlement of meritorious claims in excess of $15,000.
Pub. L. 91–312Subsec. (e). excepted claims under subsec. (d) from requirement that all claims paid be accepted by the claimant in full satisfaction, and struck out provision limiting the application of such requirement to claims payable under subsec. (a) of this section.
Pub. L. 90–521, § 11968—Subsec. (a). , struck out “under his jurisdiction” after “armed forces” in text preceding cl. (1) and permitted an officer to serve on a claims commission under the jurisdiction of another armed force only with the consent of the Secretary of his department, or his designee, but required him to perform his duties under regulations of the department appointing the commission, respectively.
Pub. L. 90–521, § 3Subsec. (b)(3). , provided for allowance of claim if it arises from an accident or malfunction incident to the operation of an aircraft of the armed forces of the United States, including the airborne ordnance, indirectly related to combat, and occurring while preparing for, going to, or returning from a combat mission.
Pub. L. 86–4111960—Subsec. (b). substituted “two years” for “one year” in cl. (1).
Pub. L. 86–223, § 1(1)(A)1959—, substituted “the armed forces” for “Department of Army, Navy, or Air Force” in section catchline.
Pub. L. 86–223, § 1(1)(B)Subsec. (a). , substituted “concerned” and “the military department concerned or the Coast Guard, as the case may be” for “of a military department” and “the department concerned”, respectively.
Pub. L. 86–223, § 1(1)(C)Subsecs. (c), (d). , struck out “of the military department” after “Secretary”.
Pub. L. 86–223, § 1(1)(D)Subsec. (f). , substituted “the department concerned” for “a military department” and deleted “military” after “another”.
Pub. L. 86–223, § 1(1)(E)Subsec. (g). , substituted provision for payment of claims against the Coast Guard arising while it is operating as a service in the Department of the Treasury out of the appropriation for the operating expenses of the Coast Guard for provisions excluding such claims unless they arise, are settled and paid while the Coast Guard is operating as a service of the Navy and authorizing Coast Guard officers to serve on claims commissions or to approve settlements, only for claims against the Coast Guard.
Pub. L. 85–861, § 1(55)(A)1958—Subsec. (a). –(D), struck out “arising in foreign countries” after “meritorious claims”, and substituted “$15,000” for “$5,000”, “outside the United States, or the Territories, Commonwealths, or possessions,” for “in that country”, and “a foreign country” for “that country” in cls. (1) and (2).
Pub. L. 85–861, § 1(55)(A)Subsec. (d). , substituted “$15,000” for “$5,000”.
Pub. L. 85–861, § 1(55)(E)Subsec. (f). , substituted “Upon” for “In time of war and upon”.
Pub. L. 85–861, § 1(55)(F)Subsec. (h). , added subsec. (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Pub. L. 107–296section 1704(g) of Pub. L. 107–296section 101 of this titleAmendment by effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see , set out as a note under .
Effective Date of 1980 Amendment
Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .