Property loss; personal injury or death: incident to noncombat activities of Department of Army, Navy, or Air Force

§ 2733. Property loss; personal injury or death: incident to noncombat activities of Department of Army, Navy, or Air Force (a) Under such regulations as the Secretary of a military department may prescribe, he or, subject to appeal to him, any officer designated by him may settle, and pay in an amount not more than $1,000, a claim against the United States for— (1) damage to, or loss of, real property, including damage or loss incident to use and occupancy; (2) damage to, or loss of, personal property, including property bailed to the United States and including registered or insured mail damaged, lost, or destroyed by a criminal act while in the possession of the Army, Navy, Air Force, or Marine Corps, as the case may be; or (3) personal injury or death; either caused by a civilian officer or employee of that department, or a member of the Army, Navy, Air Force, or Marine Corps, as the case may be, acting within the scope of his employment, or otherwise incident to noncombat activities of that department. (b) A claim may be allowed under subsection (a) only if— (1) it is presented in writing within one year after it accrues; except that if the claim accrues in time of war or a war intervenes within one year after it accrues, and if good cause is shown, the claim may be presented not later than one year after the war is terminated; (2) it is not covered by section 2734 of this title or section 2672 of title 28; 154 (3) it is not for personal injury or death of such a member or civilian officer or employee whose injury or death is incident to his service; (4) the damage to, or loss of, property, or the personal injury or death, was not caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee; and (5) it is substantiated as prescribed in regulations of the Secretary concerned. (c) A claim for personal injury or death under subsection (a) may not be allowed for more than the cost of reasonable medical, hospital, and burial expenses actually incurred, and not otherwise furnished or paid by the United States. (d) The Secretary of the military department concerned may report a claim for more than $1,000 that would otherwise be covered by this section to Congress for its consideration. (e) No claim may be paid under subsection (a) unless the amount tendered is accepted by the claimant in full satisfaction. (f) For the purposes of this section, a member of the Coast and Geodetic Survey or of the Public Health Service who is serving with the Navy or Marine Corps shall be treated as if he were a member of that armed force.