10 U.S.C. § 2732 — Payment of claims: availability of appro-

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