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10 U.S.C. § 2636a — Loss or damage to personal property transported at Government expense: full replacement value; deduction from amounts due carriers

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2636a — Loss or damage to personal property transported at Government expense: full replacement value; deduction from amounts due carriers

**(a) Procurement of Coverage.—** The Secretary of Defense shall include in a contract for the transportation at Government expense of baggage and household effects for members of the armed forces or civilian employees of the Department of Defense (or both) a clause that requires the carrier under the contract to pay the full replacement value for loss or damage to the baggage or household effects transported under the contract. **(b) Deduction Upon Failure of Carrier To Settle.—** In the case of a loss or damage of baggage or household effects transported under a contract with a carrier that includes a clause described in subsection (a), the amount equal to the full replacement value for the baggage or household effects shall be deducted from the amount owed by the United States to the carrier under the contract upon a failure of the carrier to settle a claim for such loss or total damage within a reasonable time. The amount so deducted shall be remitted to the claimant, notwithstanding [section 2636 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2636&num=0&edition=prelim). **(c) Inapplicability of Related Limits.—** The limitations on amounts of claims that may be settled under [section 3721(b) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3721/b&num=0&edition=prelim) do not apply to a carrier’s contractual obligation to pay full replacement value under this section. **(d) Regulations.—** The Secretary of Defense shall prescribe regulations for administering this section. The regulations shall include policies and procedures for validating and evaluating claims, validating proper claimants, and determining reasonable time for settlement. The regulations may include a requirement

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Stable record: federal_law:legal_authorities:record_usc_8249179ce8a68ee83d3699f9
Source file: Laws/federal/codes/united-states-code/title-10/section-2636a-loss-or-damage-to-personal-property-transported-at-government-expense-fu--b3bd38e71e.md
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Passage SHA-256: 65d255e689a2282f9909e8a9456cfe7809a13ee224c1acec9d759f2da0e6386f

Source location: Title 10, Chapter 157, § 2636a; chapter-157-transportation.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2636 — Deductions from amounts due carriers

**(a) Amounts for Loss or Damage.—** An amount deducted from an amount due a carrier shall be credited as follows: (1) If deducted because of loss of or damage to material in transit for a military department, the amount shall be credited to the proper appropriation, account, or fund from which the same or similar material may be replaced. (2) If deducted as an administrative offset for an overpayment previously made to the carrier under any Department of Defense contract for transportation services or as liquidated damages due under any such contract, the amount shall be credited to the appropriation or account from which payments for the transportation services were made. **(b) Simplified Offset for Collection of Claims Not in Excess of the Simplified Acquisition Threshold.—** (1) In any case in which the total amount of a claim for the recovery of overpayments or liquidated damages under a contract described in subsection (a)(2) does not exceed the simplified acquisition threshold, the Secretary of Defense or the Secretary concerned, in exercising the authority to collect the claim by administrative offset under [section 3716 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3716&num=0&edition=prelim), may apply paragraphs (2) and (3) of subsection (a) of that section with respect to that collection after (rather than before) the claim is so collected. (2) Regulations prescribed by the Secretary of Defense under subsection (b) of [section 3716 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3716&num=0&edition=prelim)— (A) shall include provisions to carry out paragraph (1); and (B) shall provide the carrier for a claim subject to paragraph (1) with an opportunity to offer an al

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2740 — Property loss: reimbursement of members and civilian employees for full replacement value of household effects when contractor reimbursement not available

The Secretary of Defense and the Secretaries of the military departments, in paying a claim under [section 3721 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3721&num=0&edition=prelim) arising from loss or damage to household goods stored or transported at the expense of the Department of Defense, may pay the claim on the basis of full replacement value in any of the following cases in which reimbursement for the full replacement value for the loss or damage is not available directly from a carrier under [section 2636a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2636a&num=0&edition=prelim): (1) A case in which— (A) the lost or damaged goods were stored or transported under a contract, tender, or solicitation in accordance with [section 2636a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2636a&num=0&edition=prelim) that requires the transportation service provider to settle claims on the basis of full replacement value; and (B) the loss or damage occurred under circumstances that exclude the transportation service provider from liability. (2) A case in which— (A) the loss or damage occurred while the lost or damaged goods were in the possession of an ocean carrier that was transporting, loading, or unloading the goods under a Department of Defense contract for ocean carriage; and (B) the land-based portions of the transportation were under contracts, in accordance with [section 2636a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2636a&num=0&edition=prelim), that require the land carriers to settle claims on the basis of full replacement value. (3) A case in which— (A) the lost

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2636a — Loss or damage to personal property

Page 2031 TITLE 10—ARMED FORCES § 2636a (2) Assistance may be provided only to the extent that it does not interfere with the per- formance of the military mission. (3) The provision of assistance shall not cause any increase in funds required for the operation of the Department of Defense. (b) No individual (or his estate) who is author- ized by the Department of Defense to perform services under a program established pursuant to subsection (a), and who is acting within the scope of his duties, shall be liable for injury to, or loss of property or personal injury or death which may be caused incident to providing such services. (Added Pub. L. 93–155, title VIII, § 814(a), Nov. 16, 1973, 87 Stat. 620; amended Pub. L. 96–513, title V, § 511(88), Dec. 12, 1980, 94 Stat. 2928; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) Editorial Notes AMENDMENTS 2002—Subsec. (a). Pub. L. 107–296 substituted ‘‘Depart- ment of Homeland Security’’ for ‘‘Department of Transportation’’ in introductory provisions. 1980—Subsec. (a). Pub. L. 96–513 substituted ‘‘Depart- ment of Health and Human Services’’ for ‘‘Department of Health, Education, and Welfare’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. § 2636. Deductions from amounts due carriers (a) AMOUNTS FOR LOSS OR DAMAGE.—An amount deducted from an amount due a car

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