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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of law, the settlement of a claim under section 2733, 2733a, 2734, 2734a, 2734b, or 2737 of this title is final and conclusive.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2735
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Source file: Laws/federal/codes/united-states-code/title-10/section-2735-settlement-final-and-conclusive--e0fbff74ef.md
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Source location: Title 10, Chapter 163, § 2735; chapter-163-military-claims.md
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Consistent with this section and under such regulations as the Secretary of Defense shall prescribe under subsection (h), the Secretary may allow, settle, and pay a claim against the United States for personal injury or death incident to the service of a member of the uniformed services that was caused by the medical malpractice of a Department of Defense health care provider. **(b) Requirement for Claims.—** A claim may be allowed, settled, and paid under subsection (a) only if— (1) the claim is filed by the member of the uniformed services who is the subject of the medical malpractice claimed, or by an authorized representative on behalf of such member who is deceased or otherwise unable to file the claim due to incapacitation; (2) the claim is for personal injury or death caused by the negligent or wrongful act or omission of a Department of Defense health care provider in the performance of medical, dental, or related health care functions while such provider was acting within the scope of employment; (3) the act or omission constituting medical malpractice occurred in a covered military medical treatment facility; (4) the claim is presented to the Department in writing within two years after the claim accrues; (5) the claim is not allowed to be settled and paid under any other provision of law; and (6) the claim is substantiated as prescribed in regulations prescribed by the Secretary of Defense under subsection (h). **(c) Liability.—** (1) The Department of Defense is liable for only the portion of compensable injury, loss, or damages attributable to the medical malpractice of a Department of Defense health care provider. (2) The Department of Defense shall not be liable for the attorney fees of a claimant under this section. **(d)
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2733a
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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 2195 TITLE 10—ARMED FORCES § 2736 hicle 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 Sec- retary 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 appro- priations as provided in section 2732 of this title. (Added Pub. L. 87–651, title I, § 113(a), Sept. 7, 1962, 76 Stat. 512; amended Pub. L. 94–390, § 1(2), Aug. 19, 1976, 90 Stat. 1191; Pub. L. 101–510, div. A, title XIV, § 1481(j)(4)(C), Nov. 5, 1990, 104 Stat. 1709.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2734b(a) ... 2734b(b) ... 2734b(c) ... 2734b(d) ... 31:224i–3. 31:224i–4. 31:224i–2 (proviso, less ap- plicability to 31:224i–2). 31:224i–5 (less applica- bility to 31:224i–2). Aug. 31, 1954, ch. 1152, §§ 1 (proviso, less applica- bility to § 1), 2, 3, 4 (less applicability to § 1), 68 Stat. 1006, 1007. In subsection (a), the following omissions as surplus- age are made: ‘‘the terms of’’ and ‘‘now or may here- after be’’. The following substitutions are made: ‘‘coun- try’’ for ‘‘government’’; ‘‘in the United States, or a Ter- ritory, Commonwealth, or possession’’ for ‘‘within the territory of the United States’’; ‘‘under’’ for ‘‘in accord- ance with’’; ‘‘upon which they are based were the acts or omissions of’’ for ‘‘were performed’’. In subsection (b), the following substitutions are made: ‘‘under this section’’ for ‘‘
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2735
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