10 U.S.C. § 2731 — Definition

Page 2185 TITLE 10—ARMED FORCES § 2731 Sec. 2734b. Property loss; personal injury or death: inci- dent to activities of armed forces of foreign countries in United States; international agreements. 2735. Settlement: final and conclusive. 2736. Property loss; personal injury or death: ad- vance payment. 2737. Property loss; personal injury or death: inci- dent to use of property of the United States and not cognizable under other law. 2738. Property loss: reimbursement of members for certain losses of household effects caused by hostile action. 2739. Amounts recovered from third parties for loss or damage to personal property shipped or stored at Government expense: crediting to appropriations. 2740. Property loss: reimbursement of members and civilian employees for full replacement value of household effects when contractor reimbursement not available. Editorial Notes AMENDMENTS 2019—Pub. L. 116–92, div. A, title VII, § 731(a)(2), Dec. 20, 2019, 133 Stat. 1459, added item 2733a. 2011—Pub. L. 111–383, div. A, title III, § 354(a)(2), Jan. 7, 2011, 124 Stat. 4195, added item 2740. 1998—Pub. L. 105–261, div. A, title X, § 1010(a)(2), Oct. 17, 1998, 112 Stat. 2117, added item 2739. 1994—Pub. L. 103–337, div. A, title V, § 557(b), Oct. 5, 1994, 108 Stat. 2776, added item 2738. 1990—Pub. L. 101–510, div. A, title XIV, § 1481(j)(2), Nov. 5, 1990, 104 Stat. 1708, added item 2732. 1984—Pub. L. 98–525, title XIV, § 1405(42)(B), Oct. 19, 1984, 98 Stat. 2625, substituted ‘‘in foreign countries’’ for ‘‘: foreign countries’’ in item 2734a. 1968—Pub. L. 90–521, § 2, Sept. 26, 1968, 82 Stat. 874, substituted ‘‘advance payment’’ for ‘‘incident to air- craft or missile operation’’ in item 2736. 1966—Pub. L. 89–718, § 21(b), Nov. 2, 1966, 80 Stat. 1118, substituted ‘‘2737’’ for ‘‘2736’’ as item number for ‘‘Prop- erty loss; personal injury or death: incident to use of property of the United States and not cognizable under other law’’. 1964—Pub. L. 88–558, § 5(2), Aug. 31, 1964, 78 Stat. 768, struck out item 2732 ‘‘Property loss: incident to serv- ice; members of Army, Navy, Air Force, or Marine Corps and civilian employees’’, effective two years after Aug. 31, 1964. Pub. L. 88–558, was itself repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068. 1962—Pub. L. 87–769, § 1(1)(B), Oct. 9, 1962, 76 Stat. 768, added item 2736 ‘‘Property loss; personal injury or death: incident to use of property of the United States and not cognizable under other law’’. Pub. L. 87–651, title I, § 113(b), Sept. 7, 1962, 76 Stat. 513, added items 2734a and 2734b. 1961—Pub. L. 87–212, § 1(2), Sept. 8, 1961, 75 Stat. 488, added item 2736 ‘‘Property loss; personal injury or death: incident to aircraft or missile operation’’. 1959—Pub. L. 86–223, § 1(2), Sept. 1, 1959, 73 Stat. 454, substituted ‘‘armed forces’’ for ‘‘Department of Army, Navy, or Air Force’’ in item 2734. § 2731. Definition In this chapter, ‘‘settle’’ means consider, as- certain, adjust, determine, and dispose of a claim, whether by full or partial allowance or by disallowance. (Aug. 10, 1956, ch. 1041, 70A Stat. 152.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2731 ......... [No source]. [No source]. The revised section is inserted for clarity and is based on usage in the source laws for this revised chapter. Statutory Notes and Related Subsidiaries CONGRESSIONAL DEFENSE COMMITTEES DEFINED Pub. L. 116–93, div. A, title VIII, § 8027, Dec. 20, 2019, 133 Stat. 2342, provided that: ‘‘For the purposes of this Act [div. A of Pub. L. 116–93, see Tables for classifica- tion], the term ‘congressional defense committees’ means the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Com- mittee on Appropriations of the Senate, and the Sub- committee on Defense of the Committee on Appropria- tions of the House of Representatives.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 115–245, div. A, title VIII, § 8026, Sept. 28, 2018, 132 Stat. 3005. Pub. L. 115–141, div. C, title VIII, § 8026, Mar. 23, 2018, 132 Stat. 469. Pub. L. 115–31, div. C, title VIII, § 8027, May 5, 2017, 131 Stat. 252. Pub. L. 114–113, div. C, title VIII, § 8026, Dec. 18, 2015, 129 Stat. 2356. Pub. L. 113–235, div. C, title VIII, § 8026, Dec. 16, 2014, 128 Stat. 2258. Pub. L. 113–76, div. C, title VIII, § 8025, Jan. 17, 2014, 128 Stat. 109. EX GRATIA PAYMENTS Pub. L. 116–93, div. A, title VIII, § 8104, Dec. 20, 2019, 133 Stat. 2361, provided that: ‘‘(a) Of the funds appropriated in this Act [div. A of Pub. L. 116–93, see Tables for classification] for the De- partment of Defense, amounts should be made avail- able, under such regulations as the Secretary of De- fense may prescribe, to local military commanders ap- pointed by the Secretary, or by an officer or employee designated by the Secretary, to provide at their discre- tion ex gratia payments in amounts consistent with subsection (d) of this section for damage, personal in- jury, or death that is incident to combat operations of the Armed Forces in a foreign country. ‘‘(b) An ex gratia payment under this section may be provided only if— ‘‘(1) the prospective foreign civilian recipient is de- termined by the local military commander to be friendly to the United States; ‘‘(2) a claim for damages would not be compensable under chapter 163 of title 10, United States Code (commonly known as the ‘Foreign Claims Act’); and ‘‘(3) the property damage, personal injury, or death was not caused by action by an enemy. ‘‘(c) Any payments provided under a program under subsection (a) shall not be considered an admission or acknowledgement of any legal obligation to com- pensate for any damage, personal injury, or death. ‘‘(d) If the Secretary of Defense determines a program under subsection (a) to be appropriate in a particular setting, the amounts of payments, if any, to be pro- vided to civilians determined to have suffered harm in- cident to combat operations of the Armed Forces under the program should be determined pursuant to regula- tions prescribed by the Secretary and based on an as- sessment, which should include such factors as cultural appropriateness and prevailing economic conditions. ‘‘(e) Local military commanders shall receive legal advice before making ex gratia payments under this subsection. The legal advisor, under regulations of the Department of Defense, shall advise on whether an ex gratia payment is proper under this section and appli- cable Department of Defense regulations. ‘‘(f) A written record of any ex gratia payment of- fered or denied shall be kept by the local commander and on a timely basis submitted to the appropriate of- fice in the Department of Defense as determined by the Secretary of Defense. Page 2186 TITLE 10—ARMED FORCES § 2731 ‘‘(g) The Secretary of Defense shall report to the con- gressional defense committees [Committees on Armed Services and Subcommittees on Defense of the Com- mittees on Appropriations of the Senate and the House of Representatives] on an annual basis the efficacy of the ex gratia payment program including the number of types of cases considered, amounts offered, the re- sponse from ex gratia payment recipients, and any rec- ommended modifications to the program.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 115–245, div. A, title VIII, § 8106, Sept. 28, 2018, 132 Stat. 3025. Pub. L. 115–141, div. C, title VIII, § 8107, Mar. 23, 2018, 132 Stat. 488. Pub. L. 115–31, div. C, title VIII, § 8107, May 5, 2017, 131 Stat. 272. Pub. L. 114–113, div. C, title VIII, § 8111, Dec. 18, 2015, 129 Stat. 2377. Pub. L. 113–235, div. C, title VIII, § 8121, Dec. 16, 2014, 128 Stat. 2281. Pub. L. 113–76, div. C, title VIII, § 8127, Jan. 17, 2014, 128 Stat. 134. AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS INJURY AND LOSS Pub. L. 116–92, div. A, title XII, § 1213, Dec. 20, 2019, 133 Stat. 1629, as amended by Pub. L. 117–81, div. A, title XIII, § 1331(a)–(d), Dec. 27, 2021, 135 Stat. 2006, 2007; Pub. L. 117–263, div. A, title XII, § 1221, Dec. 23, 2022, 136 Stat. 2836; Pub. L. 118–31, div. A, title XII, § 1209, Dec. 22, 2023, 137 Stat. 449, provided that: ‘‘(a) AUTHORITY.—During the period beginning on the date of the enactment of this Act [Dec. 20, 2019] and ending on December 31, 2033, not more than $3,000,000 for each calendar year, to be derived from funds author- ized to be appropriated to the Office of the Secretary of Defense under the Operation and Maintenance, De- fense-wide account, may be made available for ex gratia payments for damage, personal injury, or death that is incident to the use of force by the United States Armed Forces, a coalition that includes the United States, a military organization supporting the United States, or a military organization supporting the United States or such coalition. ‘‘(b) CONDITIONS ON PAYMENT.—An ex gratia payment authorized pursuant to subsection (a) may be provided only if— ‘‘(1) the prospective foreign civilian recipient is not otherwise ineligible for payment under any other pro- vision of law; ‘‘(2) a request for damages would not be compen- sable under chapter 163 of title 10, United States Code (commonly known as the ‘Foreign Claims Act’); ‘‘(3) the property damage, personal injury, or death was not caused by action by an enemy; ‘‘(4) the prospective foreign civilian recipient suf- fered property damage, personal injury, or death that was— ‘‘(A) caused by the United States Armed Forces, a coalition that includes the United States, or a military organization supporting the United States or such a coalition; and ‘‘(B) occurred during an operation carried out by the United States, such coalition, or such military organization; and ‘‘(5) the prospective foreign civilian recipient had no involvement in planning or executing an attack or other hostile action that gave rise to the use of force by the United States, such coalition, or such military organization resulting in such property damage, per- sonal injury, or death. ‘‘(c) NATURE OF PAYMENT.—A payment provided pur- suant to the authority under subsection (a) may not be construed or considered as an admission or acknowl- edgment of any legal obligation to provide compensa- tion for any property damage, personal injury, or death. ‘‘(d) PROCEDURES TO REVIEW ALLEGATIONS.— ‘‘(1) PROCEDURES REQUIRED.—Not later than 180 days after the date of enactment of this subsection [Dec. 27, 2021], the Secretary of Defense shall establish pro- cedures to receive, evaluate, and respond to allega- tions of civilian harm resulting from military oper- ations involving the United States Armed Forces, a coalition that includes the United States, or a mili- tary organization supporting the United States. Such responses may include— ‘‘(A) a formal acknowledgement of such harm; ‘‘(B) a nonmonetary expression of condolence; or ‘‘(C) an ex gratia payment. ‘‘(2) CONSULTATION.—In establishing the procedures under paragraph (1), the Secretary of Defense shall consult with the Secretary of State and with non- governmental organizations that focus on addressing civilian harm in conflict. ‘‘(3) POLICY UPDATES.—Not later than one year after the date of the enactment of this subsection, the Sec- retary of Defense shall ensure that procedures estab- lished under paragraph (1) are formalized through up- dates to the policy referred to in section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 134 note). ‘‘(e) AMOUNT OF PAYMENTS.—If the Secretary of De- fense determines a payment under subsection (a) to be appropriate in a particular setting, the amounts of pay- ments, if any, to be provided to civilians determined to have suffered harm incident to the use of force by the United States Armed Forces under the program should be determined pursuant to regulations prescribed by the Secretary and based on an assessment, conducted in consultation with the Secretary of State, that in- cludes such factors as cultural appropriateness and pre- vailing economic conditions. A copy of any regulations so prescribed shall be provided to the congressional de- fense committees [Committees on Armed Services and Appropriations of the Senate and the House of Rep- resentatives] upon finalization. ‘‘(f) LEGAL ADVICE.—Local military commanders shall receive legal advice before making ex gratia pay- ments under this subsection. The legal advisor, under regulations of the Department of Defense, shall advise on whether an ex gratia payment is proper under this section and applicable Department of Defense regula- tions. ‘‘(g) WRITTEN RECORD.—A written record of any ex gratia payment offered pursuant to the authority under subsection (a), and whether accepted or denied, shall be kept by the local military commander and on a timely basis submitted to the appropriate office in the Depart- ment of Defense as determined by the Secretary of De- fense. ‘‘(h) QUARTERLY REPORT.—Not later than 90 days after the date of the enactment of this Act [Dec. 20, 2019], and every 90 days thereafter, the Secretary of De- fense shall submit to the congressional defense com- mittees [Committees on Armed Services and Appro- priations of the Senate and the House of Representa- tives] a report including the following: ‘‘(1) With respect to each ex gratia payment made under the authority in this section or any other au- thority during the preceding 90-day period, each of the following: ‘‘(A) The amount used for such payments and the country with respect to which each such payment was made. ‘‘(B) The manner in which requests for such pay- ments were verified. ‘‘(C) The position of the official who approved the payment. ‘‘(D) The manner in which payments are made. ‘‘(2) The status of all other pending or denied ex gratia payments or requests, including— ‘‘(A) when any such request was made; ‘‘(B) what steps the Department is taking to re- spond to the request; ‘‘(C) whether the Department denied any requests for any such payment, along with the reason for such denial; ‘‘(D) whether any such payment was refused, along with the reason for such refusal, if known; or 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 claims received over the past 10 years, the number of claims paid, and the number of claims rejected. If the Secretary determines the Department of Defense should modify its policy in order to accept additional claims by members who are not assigned to quarters of the United States for losses and damage to personal property, the Secretary shall also include in the report any legislative changes that the Secretary considers necessary to enable the Secretary to imple- ment the policy change.’’ PUBLIC HEALTH SERVICE Authority vested by this chapter in ‘‘military depart- ments’’, ‘‘the Secretary concerned’’, or ‘‘the Secretary of Defense’’ to be exercised, with respect to commis- sioned officers of Public Health Service, by Secretary of Health and Human Services or his designee, see sec- tion 213a of Title 42, The Public Health and Welfare. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Authority vested by sections 2731, 2732, and 2735 of this title in ‘‘military departments’’, ‘‘the Secretary concerned’’, or ‘‘the Secretary of Defense’’ to be exer- cised, with respect to commissioned officer corps of Na- tional Oceanic and Atmospheric Administration, by Secretary of Commerce or his designee, see section 3071 of Title 33, Navigation and Navigable Waters. § 2732. Payment of claims: availability of appro- priations 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 Dis- trict of Columbia (or members of the Na- tional Guard units thereof). (Added Pub. L. 101–510, div. A, title XIV, § 1481(j)(1), Nov. 5, 1990, 104 Stat. 1708.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 100–463, title VIII, § 8098, Oct. 1, 1988, 102 Stat. 2270–35, which was set out as a note under sec- tion 2241 of this title, prior to repeal by Pub. L. 101–510, § 1481(j)(3). A prior section 2732, acts Aug. 10, 1956, ch. 1041, 70A Stat. 152; Sept. 2, 1958, Pub. L. 85–861, §§ 1(53), 33(a)(16), 72 Stat. 1461, 1565; Sept. 15, 1965, Pub. L. 89–185, § 1, 79 Stat. 789, related to settlement of property loss inci- dent to service, prior to repeal by Pub. L. 88–558, § 5(3), Aug. 31, 1964, 78 Stat. 768, effective two years from Aug. 31, 1964. See section 3701 et seq. of Title 31, Money and Finance. § 2733. Property loss; personal injury or death: incident to noncombat activities of Depart- ment of Army, Navy, or Air Force (a) Under such regulations as the Secretary concerned may prescribe, he, or, subject to ap- peal 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, in- cluding damage or loss incident to use and oc- cupancy; (2) damage to or loss of personal property, including property bailed to the United States and including registered or insured mail dam- aged, 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 mem- ber 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 or section 2672 of title 28; (3) it is not for personal injury or death of such a member or civilian officer or employee whose injury or death is incident to his serv- ice; (4) the damage to, or loss of, property, or the personal injury or death, was not caused whol- ly or partly by a negligent or wrongful act of