31 U.S.C. § 3723

Small claims for privately owned property damage or loss

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(a) The head of an agency (except a military department of the Department of Defense or the Coast Guard) may settle a claim for not more than $1,000 for damage to, or loss of, privately owned property that—(1) is caused by the negligence of an officer or employee of the United States Government acting within the scope of employment; and(2) may not be settled under chapter 171 of title 28.(b) A claim under this section may be allowed only if it is presented to the head of the agency within one year after it accrues.(c) A claim under this section may be paid as provided in section 1304 of this title only if the claimant accepts the amount of the settlement in complete satisfaction of the claim against the Government.(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 975.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
3723(a)	31:215(1st sentence), 216.	Dec. 28, 1922, ch. 17, §§ 1–3, 42 Stat. 1066.
	31:216(note).	July 3, 1943, ch. 189, § 4, 57 Stat. 373.
	31:216(note).	Dec. 28, 1945, ch. 597, § 4(words before 3d comma), 59 Stat. 662.
	31:216(note).	Dec. 28, 1945, ch. 597, 59 Stat. 662, § 5(last sentence); added Mar. 20, 1946, ch. 104, 60 Stat. 56.
		Aug. 2, 1946, ch. 753, § 424(a)(last par. on p. 846), 60 Stat. 846.
3723(b)	31:215(last sentence proviso).
3723(c)	31:215(last sentence less proviso), 217.

In subsection (a), before clause (1), the text of 31:216(words before semicolon) is omitted as unnecessary because of section 102 of the revised title. The words “acting on behalf of the Government of the United States” in 31:215 are omitted as unnecessary. The word “settle” is substituted for “consider, ascertain, adjust, and determine” for consistency. The words “after April 6, 1917” are omitted as executed.

In subsection (c), the words “A claim under this section may be paid” are added for clarity. The words “as provided in section 1304 of this title” are substituted for 31:215(last sentence less proviso) because 31:215(last sentence less proviso) is superseded by section 201 of the Supplemental Appropriations Act, 1978 (Pub. L. 95–240, 92 Stat. 116). The words “of the settlement” are substituted for “determined under the provisions of sections 215 and 216 of this title” in 31:217 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 SubsidiariesTransfer 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 sections 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.

Notes of Decisions

Cited in 52 cases (35 in the last 5 years), 1989–2026 · leading case: Ali v. Fed. Bureau of Prisons, 552 U.S. 214 (2008).

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Ali v. Fed. Bureau of Prisons, 552 U.S. 214 (2008). · cites it 4× “31 (a) (2007), the "owner of the damaged or lost property" first must file an FTCA claim with the Bureau of Prisons (BOP) regional office; the BOP, in turn, is authorized by statute to settle administrative claims for not more than $1,000, see 31 U.S.C. § 3723 (a), which likely…”

United States v. Flores-Montano, 541 U.S. 149 (2004). · cites it 2× “, 31 U. S. C. § 3723 ; 19 U. S. C. § 1630 .”

Bloem v. Unknown Dep't of the Interior Employees, 920 F. Supp. 2d 154 (D.D.C. 2013). · cites it 4× “A Bivens remedy should not be “creat[ed],” they argue, where a comprehensive statutory scheme — here, the federal small-claims statute, 31 U.S.C. § 3723— has been established to provide relief in a given area.”

Anthony Andrews v. United States, 441 F.3d 220 (4th Cir. 2006). · cites it 2× “See 31 U.S.C.A. § 3723 (West 2003); Bazuaye v.”

United States v. Julio Cortez-Rocha, 394 F.3d 1115 (9th Cir. 2005). “(citing 31 U.S.C. § 3723 ; 19 U.S.C. § 1630 ). In this context, a vehicle’s spare tire, which is not an operational component of the vehicle, is analogous to a closed suitcase or other container often found inside of a vehicle.”

Joromi H. Bazuaye v. United States, 83 F.3d 482 (D.C. Cir. 1996). “§ 215 (1940) (current version at 31 U.S.C. § 3723 (1994)); see United States v.”

United States v. Julio Cortez-Rocha, 383 F.3d 1093 (9th Cir. 2004). “(citing 31 U.S.C. § 3723 ; 19 U.S.C. § 1630 ). In this context, a vehicle’s spare tire, which is not an operational component of the vehicle, is analogous to a closed suitcase or other container often found inside of a vehicle.”

Sabir v. Licon-Vitale (D. Conn. 2022). · cites it 4× “§ 2401 (b), he submitted his claim under 31 U.S.C.§ 3723, which requires that the claim must be presented to the head of the agency within one year after the claim accrues.”

Scott v. Parker (E.D. Ky. 2023). · cites it 4× “§ 2679 and not with the provisions of the administrative settlement procedure of 31 U.S.C. § 3723 .” [See R. 1-2.] In its April 27, 2022, denial letter the BOP reviewed Scott’s claim under Section 3723 notwithstanding his request that it not do so.”

Villalobos v. United States (Fed. Cl. 2025). · cites it 4× “§ 1491 (a)(1) and 31 U.S.C. § 3723—and for failure to state a claim—arguing that he fails to allege that his property was seized for a public purpose.”

Munoz v. Derr (D. Haw. 2022). · cites it 3× “In addition, a remedy may be available to Munoz under 31 U.S.C. § 3723 . That section permits a claim for not more than $1,000 for property damage or loss caused by negligence of a federal employee acting within the scope of his or her employment.”

Londono v. Derr (D. Haw. 2022). · cites it 3× “In addition, a remedy may be available to Londono under 31 U.S.C. § 3723 . That section permits a claim for not more than $1,000 for property damage or loss caused by negligence of a federal employee acting within the scope of his or her employment.”

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