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10 U.S.C. § 2738 — Property loss: reimbursement of members for certain losses of household effects caused by hostile action
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority To Reimburse.—** The Secretary concerned may reimburse a member of the armed forces in an amount not more than $100,000 for a loss described in subsection (b).
**(b) Covered Losses.—** This section applies with respect to a loss of household effects sustained during a move made incident to a change of permanent station when, as determined by the Secretary, the loss was caused by a hostile action incident to war or a warlike action by a military force.
**(c) Limitation.—** The Secretary may provide reimbursement under this section for a loss described in subsection (b) only to the extent that the loss is not reimbursed under insurance or under the authority of another provision of law.
**(d) Applicability of Other Authorities and Requirements.—** Subsections (b), (d), (e), (f), and (g) of [section 2733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2733&num=0&edition=prelim) shall apply to a request for a reimbursement under this section as if the request were a claim against the United States.
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Source file: Laws/federal/codes/united-states-code/title-10/section-2738-property-loss-reimbursement-of-members-for-certain-losses-of-household-e--593a992259.md
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Source location: Title 10, Chapter 163, § 2738; chapter-163-military-claims.md
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**(a) Authority To Reimburse.—** The Secretary concerned may reimburse a member of the armed forces in an amount not more than $100,000 for a loss described in subsection (b).
**(b) Covered Losses.—** This section applies with respect to a loss of household effects sustained during a move made incident to a change of permanent station when, as determined by the Secretary, the loss was caused by a hostile action incident to war or a warlike action by a military force.
**(c) Limitation.—** The Secretary may provide reimbursement under this section for a loss described in subsection (b) only to the extent that the loss is not reimbursed under insurance or under the authority of another provision of law.
**(d) Applicability of Other Authorities and Requirements.—** Subsections (b), (d), (e), (f), and (g) of [section 2733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2733&num=0&edition=prelim) shall apply to a request for a reimbursement under this section as if the request were a claim against the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under such regulations as the Secretary concerned may prescribe, he, or, subject to appeal to him, the Judge Advocate General of an armed force under his jurisdiction, or the chief Counsel of the Coast Guard, as appropriate, if designated by him, may 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, 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, Marine Corps, Space Force, or Coast Guard, as the case may be; or
(3) personal injury or death;
either caused by a civilian officer or employee of that department, or the Coast Guard, or a member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be, acting within the scope of his employment, or otherwise incident to noncombat activities of that department, or the Coast Guard.
**(b)** A claim may be allowed under subsection (a) only if—
(1) it is presented in writing within two years after it accrues, except that if the claim accrues in time of war or armed conflict or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after the war or armed conflict is terminated;
(2) it is not covered by [section 2734 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2734&num=0&edition=prelim) or [section 2672 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2672&num=0&edition=prelim);
(3)
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2733
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Federal law — U.S. Code and appendices · legal_authorities
Page 2197
TITLE 10—ARMED FORCES
§ 2740
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relat-
ing 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 Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
§ 2738. Property loss: reimbursement of members
for certain losses of household effects caused
by hostile action
(a) AUTHORITY TO REIMBURSE.—The Secretary
concerned may reimburse a member of the
armed forces in an amount not more than
$100,000 for a loss described in subsection (b).
(b) COVERED
LOSSES.—This section applies
with respect to a loss of household effects sus-
tained during a move made incident to a change
of permanent station when, as determined by
the Secretary, the loss was caused by a hostile
action incident to war or a warlike action by a
military force.
(c) LIMITATION.—The Secretary may provide
reimbursement under this section for a loss de-
scribed in subsection (b) only to the extent that
the loss is not reimbursed under insurance or
under the authority of another provision of law.
(d) APPLICABILITY OF OTHER AUTHORITIES AND
REQUIREMENTS.—Subsections (b), (d), (e), (f), and
(g) of section 2733 of this title shall apply to a
request for a reimbursement under this section
as if the request were a claim against the United
States.
(Added Pub. L. 103–337, div. A, title V, § 557(a),
Oct. 5, 1994, 108 Stat. 2775.)
Statutory Notes and Related Subsidiaries
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2738
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