§1630 — Title 19 Customs Duties | U.S. Code

Summary

If a claim can’t be handled under chapter 171 of title 28, the Secretary may pay up to $50,000 for damage to or loss of privately owned property caused by a Customs Service investigative or law enforcement officer who was acting within the scope of their job. An "investigative or law enforcement officer" is the type described in another law (28 U.S.C. 2680(h)). The Secretary cannot pay claims for commercial property, claims filed more than 1 year after the damage, or claims made by a U.S. government officer or employee for harm that happened while they were working. The claimant must accept the payment as full and final settlement.

Title 19, §1630

Customs Duties — Source: USLM XML via OLRC

(a)With respect to a claim that cannot be settled under chapter 171 of title 28, the Secretary may settle, for not more than $50,000 in any one 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) who is employed by the Customs Service and acting within the scope of his or her employment.

(b)The Secretary may not pay a claim under subsection (a) that—

(1)concerns commercial property;

(2)is presented to the Secretary more than 1 year after it occurs; or

(3)is presented by an officer or employee of the United States Government and arose within the scope of employment.

(c)A claim may be paid under this section only if the claimant accepts the amount of settlement in complete satisfaction of the claim.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Transfer of Functions

For

Transfer of Functions

, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see section 203(1), 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. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

§1630 Authority to Settle Claims

Summary

Title 19, §1630

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Transfer of Functions

Transfer of Functions

Citations & Metadata