10 U.S.C. § 2738 — Property loss: reimbursement of members

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 EFFECTIVE DATE Pub. L. 103–337, div. A, title V, § 557(c), Oct. 5, 1994, 108 Stat. 2776, provided that: ‘‘(1) Section 2738 of title 10, United States Code, as added by subsection (a), applies with respect to losses incurred after June 30, 1990. ‘‘(2) In the case of a loss incurred after June 30, 1990, and before the date of the enactment of this Act [Oct. 5, 1994], a request for reimbursement shall be filed with the Secretary of the military department concerned not later than two years after such date of enactment.’’ § 2739. Amounts recovered from third parties for loss or damage to personal property shipped or stored at Government expense: crediting to appropriations (a) CREDITING OF COLLECTIONS.—Any quali- fying military department third-party collec- tion shall be credited to the appropriate current appropriation. Amounts so credited shall be merged with the funds in that appropriation and shall be available for the same period and pur- poses as the funds with which merged. (b) APPROPRIATE CURRENT APPROPRIATION.— For purposes of subsection (a), the appropriate current appropriation with respect to a quali- fying military department third-party collec- tion is the appropriation currently available, as of the date of the collection, for the payment of claims by that military department for loss or damage of personal property shipped or stored at Government expense. (c) QUALIFYING MILITARY DEPARTMENT THIRD- PARTY COLLECTIONS.—For purposes of subsection (a), a qualifying military department third- party collection is any amount that a military department collects under sections 3711, 3716, 3717, and 3721 of title 31 from a third party for a loss or damage to personal property that oc- curred during shipment or storage of the prop- erty at Government expense and for which the Secretary of the military department paid the owner in settlement of a claim. (Added Pub. L. 105–261, div. A, title X, § 1010(a)(1), Oct. 17, 1998, 112 Stat. 2117.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 105–261, div. A, title X, § 1010(b), Oct. 17, 1998, 112 Stat. 2117, provided that: ‘‘Section 2739 of title 10, United States Code, as added by subsection (a), applies with respect to amounts collected by a military depart- ment on or after the date of the enactment of this Act [Oct. 17, 1998].’’ § 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 arising from loss or damage to household goods stored or trans- ported at the expense of the Department of De- fense, may pay the claim on the basis of full re- placement value in any of the following cases in which reimbursement for the full replacement value for the loss or damage is not available di- rectly from a carrier under section 2636a of this title: (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 that requires the transportation service provider to settle claims on the basis of full replacement value; and (B) the loss or damage occurred under cir- cumstances 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 De- partment of Defense contract for ocean car- riage; and (B) the land-based portions of the trans- portation were under contracts, in accord- ance with section 2636a of this title, that re- quire the land carriers to settle claims on the basis of full replacement value. (3) A case in which— (A) the lost or damaged goods were trans- ported or stored under a contract or solicita- tion that requires at least one of the trans- portation service providers or carriers that handled the shipment to settle claims on the