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.
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.
A claim may be paid under this section only if the claimant accepts the amount of settlement in complete satisfaction of the claim.
(June 17, 1930, ch. 497, title IV, §630, as added Pub. L. 103–182, title VI, §670, Dec. 8, 1993, 107 Stat. 2216.)
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 sections 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.