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10 U.S.C. § 2732 — Payment of claims: availability of appropriations
Federal law — U.S. Code and appendices · legal_authorities
Appropriations available to the Department of Defense for operation and maintenance may be used for payment of claims authorized by law to be paid by the Department of Defense (except for civil functions), including—
(1) claims for damages arising under training contracts with carriers; and
(2) repayment of amounts determined by the Secretary concerned to have been erroneously collected—
(A) from military and civilian personnel of the Department of Defense; or
(B) from States or territories or the District of Columbia (or members of the National Guard units thereof).
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Stable record: federal_law:legal_authorities:record_usc_33d97cce7f6f8ac45b000bd9
Source file: Laws/federal/codes/united-states-code/title-10/section-2732-payment-of-claims-availability-of-appropriations--a0c2f79c26.md
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Passage SHA-256: 21c177baf026474e841877c87d37ce5e137e8ece41ae11b7dc671367e1249ef8
Source location: Title 10, Chapter 163, § 2732; chapter-163-military-claims.md
Stored source content
Appropriations available to the Department of Defense for operation and maintenance may be used for payment of claims authorized by law to be paid by the Department of Defense (except for civil functions), including—
(1) claims for damages arising under training contracts with carriers; and
(2) repayment of amounts determined by the Secretary concerned to have been erroneously collected—
(A) from military and civilian personnel of the Department of Defense; or
(B) from States or territories or the District of Columbia (or members of the National Guard units thereof).
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Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Operation and Maintenance Appropriations.—** Amounts appropriated to the Department of Defense for operation and maintenance of the active forces may be used for the following purposes:
(1) Morale, welfare, and recreation.
(2) Modification of personal property.
(3) Design of vessels.
(4) Industrial mobilization.
(5) Military communications facilities on merchant vessels.
(6) Acquisition of services, special clothing, supplies, and equipment.
(7) Expenses for the Reserve Officers’ Training Corps and other units at educational institutions.
**(b) Necessary Expenses.—** Amounts appropriated to the Department of Defense may be used for all necessary expenses, at the seat of the Government or elsewhere, in connection with communication and other services and supplies that may be necessary for the national defense.
**(c) Activities of the National Committee for Employer Support of the Guard and Reserve.—** Amounts appropriated for operation and maintenance may, under regulations prescribed by the Secretary of Defense, be used by the Secretary for official reception, representation, and advertising activities and materials of the National Committee for Employer Support of the Guard and Reserve to further employer commitments to their employees who are members of a reserve component.
**(d) Implementation of Vienna Document 2011.—** Amounts appropriated for operation and maintenance may be used by the Secretary of Defense for travel, transportation, and subsistence expenses for meetings and demonstrations hosted by the Department of Defense for the implementation of the Vienna Document 2011 on Confidence and Security-Building Measures.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2241
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** To promote and to maintain friendly relations through the prompt settlement of meritorious claims, the Secretary concerned, or an officer or employee designated by the Secretary, may appoint, under such regulations as the Secretary may prescribe, one or more claims commissions, each composed of one or more officers or employees or combination of officers or employees of the armed forces, to settle and pay in an amount not more than $100,000, a claim against the United States for—
(1) damage to, or loss of, real property of any foreign country or of any political subdivision or inhabitant of a foreign country, including damage or loss incident to use and occupancy;
(2) damage to, or loss of, personal property of any foreign country or of any political subdivision or inhabitant of a foreign country, including property bailed to the United States; or
(3) personal injury to, or death of, any inhabitant of a foreign country;
if the damage, loss, personal injury, or death occurs outside the United States, or the Commonwealths or possessions, and is caused by, or is otherwise incident to noncombat activities of, the armed forces under his jurisdiction, or is caused by a member thereof or by a civilian employee of the military department concerned or the Coast Guard, as the case may be. The claim of an insured, but not that of a subrogee, may be considered under this subsection. In this section, “foreign country” includes any place under the jurisdiction of the United States in a foreign country. An officer or employee may serve on a claims commission under the jurisdiction of another armed force only with the consent of the Secretary of his department, or his designee, but shall perform his duties under regulations of the department appointing the commission.
**(b)
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2734
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** When the United States is a party to an international agreement which provides for the settlement or adjudication and cost sharing of claims against the United States arising out of the acts or omissions of a member or civilian employee of an armed force of the United States done in the performance of official duty, or arising out of any other act, omission, or occurrence for which an armed force of the United States is legally responsible under the law of another party to the international agreement, and causing damage in the territory of such party, the Secretary of Defense or the Secretary of Homeland Security or their designees may—
(1) reimburse the party to the agreement for the agreed pro rata share of amounts, including any authorized arbitration costs, paid by that party in satisfying awards or judgments on claims, in accordance with the agreement; or
(2) pay the party to the agreement the agreed pro rata share of any claim, including any authorized arbitration costs, for damage to property owned by it, in accordance with the agreement.
**(b)** A claim arising out of an act of an enemy of the United States or arising, directly or indirectly, from an act of the armed forces, or a member thereof, while engaged in combat may not be considered or paid under this section.
**(c)** A reimbursement or payment under this section shall be made by the Secretary of Defense out of appropriations as provided in [section 2732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2732&num=0&edition=prelim) except that payment of claims against the Coast Guard arising while it is operating as a service of the Department of Homeland Security shall be made out of the appropriations for the operating expenses of the Coast Guard. The
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2734a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** When the United States is a party to an international agreement which provides for the settlement or adjudication by the United States under its laws and regulations, and subject to agreed pro rata reimbursement, of claims against another party to the agreement arising out of the acts or omissions of a member or civilian employee of an armed force of that party done in the performance of official duty, or arising out of any other act, omission, or occurrence for which that armed force is legally responsible under applicable United States law, and causing damage in the United States, or a territory, Commonwealth, or possession thereof; those claims may be prosecuted against the United States, or settled by the United States, in accordance with the agreement, as if the acts or omissions upon which they are based were the acts or omissions of a member or a civilian employee of an armed force of the United States.
**(b)** When a dispute arises in the settlement or adjudication of a claim under this section whether an act or omission was in the performance of official duty, or whether the use of a vehicle of the armed forces was authorized, the dispute shall be decided under the international agreement with the foreign country concerned. Such a decision is final and conclusive. The Secretary of Defense may pay that part of the cost of obtaining such a decision that is chargeable to the United States under that agreement.
**(c)** A claim arising out of an act of an enemy of the United States may not be considered or paid under this section.
**(d)** A payment under this section shall be made by the Secretary of Defense out of appropriations as provided in [section 2732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2732&nu
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2734b
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided in this chapter, a member of the Coast Guard Auxiliary shall not be considered to be a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, Federal employee benefits, ethics, conflicts of interest, and other similar criminal or civil statutes and regulations governing the conduct of Federal employees. However, nothing in this subsection shall constrain the Commandant from prescribing standards for the conduct and behavior of members of the Auxiliary.
**(b)** A member of the Auxiliary while assigned to duty shall be deemed to be a Federal employee only for the purposes of the following:
(1) Chapter 171 of title 28 (popularly known as the Federal Tort Claims Act).
(2) [Section 2733 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2733&num=0&edition=prelim) (popularly known as the Military Claims Act).
(3) [Section 30101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30101&num=0&edition=prelim) (popularly known as the Admiralty Extension Act).
(4) Chapter 309 of title 46 (known as the Suits in Admiralty Act).
(5) Chapter 311 of title 46 (known as the Public Vessels Act).
(6) Other matters related to noncontractual civil liability.
(7) Compensation for work injuries under chapter 81 of title 5.
(8) The resolution of claims relating to damage to or loss of personal property of the member incident to service under the Military Personnel and Civilian Employees’ Claims Act of 1964 ([31 U.S.C. 3721](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3721&num=0&edition=prelim)).11 See R
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 3904
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Federal law — U.S. Code and appendices · legal_authorities
Page 2187
TITLE 10—ARMED FORCES
§ 2733
‘‘(E) any other reason for which a payment was
not offered or made.
‘‘(3) The status of Department of Defense efforts to
establish the requests procedures required under sub-
section (d)(1) and to otherwise implement this sec-
tion.
‘‘(i) RELATION
TO
OTHER
AUTHORITIES.—Notwith-
standing any other provision of law, the authority pro-
vided by this section shall be construed as the sole au-
thority available to make ex gratia payments for prop-
erty damage, personal injury, or death that is incident
to the use of force by the United States Armed Forces.’’
[Pub. L. 117–81, div. A, title XIII, § 1331(e), Dec. 27,
2021, 135 Stat. 2007, provided that: ‘‘Nothing in this sec-
tion [amending section 1213 of Pub. L. 116–92, set out
above] or the amendments made by this section may be
construed to require the Secretary of Defense to pause,
suspend, or otherwise alter the provision of ex gratia
payments in accordance with section 1213 of the Na-
tional Defense Authorization Act for Fiscal Year 2020,
as amended, in the course of developing the procedures
required by subsection (d) of such section (as added by
subsection (d) of this section).’’]
REPORT ON DEPARTMENT POLICY ON PAYMENT OF
CLAIMS FOR LOSS OF PERSONAL PROPERTY
Pub. L. 105–85, div. A, title X, § 1013(b), Nov. 18, 1997,
111 Stat. 1874, provided that: ‘‘The Secretary of Defense
shall submit to Congress a report describing the De-
partment of Defense policy regarding the payment of a
claim by a member of the Armed Forces who is not as-
signed to quarters of the United States for losses and
damage to personal property of the member incurred at
the member’s residence as a result of a natural dis-
aster. The report shall include a description of the
number of such cla
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2732
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.