§ 3722. Claims of officers and employees at Government penal and correctional institutions(a) The Attorney General may settle and pay not more than $1,000 in any one case for a claim made by an officer or employee at a United States Government penal or correctional institution for damage to, or loss of, personal property incident to employment. (b) A claim may not be allowed under this section if the loss occurred at quarters occupied by the claimant that were not assigned or provided in kind by the Government. (c) A claim may be allowed only if—(1) no part of the loss was caused by any negligent or wrongful act of the claimant or an agent or employee of the claimant; (2) the Attorney General decides that possession of the property was reasonable or useful under the circumstances; and (3) it is presented in writing within one year after it accrues. (d) A claim may be paid under this section only if the claimant accepts the amount of the settlement in complete satisfaction of the claim. (e) Necessary amounts are authorized to be appropriated to carry out this section. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 974.)

Historical and Revision Notes

Revised Section

Source (U.S. Code)

Source (Statutes at Large)

3722(a)

31:238(1st sentence).

June 10, 1949, ch. 187, 63 Stat. 167.

3722(b)

31:238(2d sentence last 25 words before last semicolon).

3722(c)

31:238(2d sentence less last 25 words before last semicolon).

3722(d)

31:238(last sentence).

3722(e)

31:238(note).

In subsection (a), the words “and such other officer or officers as he may designate for such purpose” are omitted as unnecessary because of 28:509. The word “settle” is substituted for “consider, determine, adjust” for consistency. The words “the sum of” are omitted as surplus. The words “officer or employee” are substituted for “persons employed” for consistency in the revised title and with other titles of the United States Code. The words “or destruction” are omitted as surplus.

In subsection (b), the words “assigned to him . . . otherwise” are omitted as surplus.

In subsection (c)(1), the words “no part” are substituted for “not . . . in whole or in part” because of the restatement.

In subsection (c)(2), the words “the Attorney General decides that possession of” are substituted for “is determined” for clarity. The words “claimed to be damaged, lost, or destroyed” and “necessary, or proper . . . attendant” are omitted as surplus.

In subsection (c)(3), the word “accrues” is substituted for “the occurrence of the accident or incident out of which such claim arises” to eliminate unnecessary words.

In subsection (d), the words “A claim may be paid under this section” are added for clarity. The words “the amount of the settlement” are substituted for “an award hereunder” for consistency. The words “in complete satisfaction of the claim” are substituted for “shall release the United States, its agents or employees, from any further claim by such claimant arising out of the same incident” to eliminate unnecessary words.