§3725 — Title 31 Money and Finance | U.S. Code

Summary

The Secretary of State can pay up to $1,500 for a person who is not a U.S. national if they are injured or killed in a foreign country where the U.S. has special legal authority, and a U.S. government officer, employee, or agent caused it. This does not apply if the person who caused the harm works for a military department of the Department of Defense or the Coast Guard. Government officers or employees cannot make these claims themselves. The claim must be filed with the Secretary within one year after it happens. The Secretary must tell Congress about any settlement and include a short note saying the type of claim, the amount claimed, and the amount paid. The payment is only made if the claimant accepts it as full and final settlement.

Title 31, §3725

Money and Finance — Source: USLM XML via OLRC

(a)The Secretary of State may settle, for not more than $1,500 in any one case, a claim for personal injury or death of an individual not a national of the United States in a foreign country in which the United States exercises privileges of extraterritoriality when the injury or death is caused by an officer, employee, or agent of the United States Government (except of a military department of the Department of Defense or the Coast Guard). An officer or employee of the Government may not present a claim. A claim under this section may be allowed only if it is presented to the Secretary within one year after it accrues.

(b)The Secretary shall certify to Congress a settlement under this section for payment out of an appropriation that may be made to pay the settlement. The Secretary shall include a brief statement on the type of the claim, the amount claimed, and the amount of the settlement.

(c)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3725(a)31:224a(words before 21st comma, 1st, 2d provisos).Feb. 13, 1936, ch. 67, 49 Stat. 1138. 31:224a(note).July 3, 1943, ch. 189, § 7, 57 Stat. 374. Dec. 28, 1945, ch. 597, § 1, 59 Stat. 662. Dec. 28, 1945, ch. 597, 59 Stat. 662, § 5(1st sentence); added Mar. 20, 1946, ch. 104, 60 Stat. 56. 3725(b)31:224a(words between 21st comma and 1st proviso). 3725(c)31:224a(last proviso). In subsection (a), the word “settle” is substituted for “consider, adjust, and determine” for consistency. The words “United States currency” are omitted as surplus. The words “after February 13, 1936” are omitted as executed. The words “act of omission of any” are omitted as surplus. The words “(except of a military department of the Department of Defense or the Coast Guard)” are substituted for “including all officers, enlisted men, and employees of the Army, Air Force, Navy, and Marine Corps” because of 10:2734, section 7 of the Act of July 3, 1943 (ch. 189, 57 Stat. 374), and section 1 and 5(1st sentence) of the Act of December 28, 1945 (ch. 597, 59 Stat. 662). The words “An officer or employee of the Government may not present a claim” are substituted for 31:224a(1st proviso) for consistency and to eliminate unnecessary words. The words “by the Secretary of State” are omitted as surplus. In subsection (b), the word “settlement” is substituted for “amount as may be found to be 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 under the provisions of this section” for consistency and to eliminate unnecessary words. The word “complete” is substituted for “full” for consistency. The word “satisfaction” is substituted for “settlement” for clarity.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For 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 section 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.

§3725 Claims of non-nationals for personal injury or death in a foreign country