10 U.S. Code § 2731 - Definition
prev | next
In this chapter, “settle” means consider, ascertain, adjust, determine, and dispose of a claim, whether by full or partial allowance or by disallowance.
Source(Aug. 10, 1956, ch. 1041, 70A Stat. 152.)
|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.
Congressional Defense Committees Defined
Pub. L. 113–76, div. C, title VIII, § 8025,Jan. 17, 2014, 128 Stat. 109, provided that: “For the purposes of this Act [div. C of Pub. L. 113–76, see Tables for classification], 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 Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.”
Ex Gratia Payments
“(a) Of the funds appropriated in this Act [div. C of Pub. L. 113–76, see Tables for classification] for the Department of Defense, amounts may be made available, under such regulations as the Secretary may prescribe, to local military commanders appointed by the Secretary of Defense, or by an officer or employee designated by the Secretary, to provide at their discretion ex gratia payments in amounts consistent with subsection (d) of this section for damage, personal injury, 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 determined 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) Nature of Payments.—Any payments provided under a program under subsection (a) shall not be considered an admission or acknowledgement of any legal obligation to compensate for any damage, personal injury, or death.
“(d) Amount of Payments.—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 provided to civilians determined to have suffered harm incident to combat operations of the Armed Forces under the program should be determined pursuant to regulations prescribed by the Secretary and based on an assessment, which should include such factors as cultural appropriateness and prevailing economic conditions.
“(e) Legal Advice.—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 applicable Department of Defense regulations.
“(f) Written Record.—A written record of any ex gratia payment offered or denied shall be kept by the local commander and on a timely basis submitted to the appropriate office in the Department of Defense as determined by the Secretary of Defense.
“(g) Report.—The Secretary of Defense shall report to the congressional defense committees [Committee on Armed Services and Subcommittee on Defense of the Committee 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 response from ex gratia payment recipients, and any recommended modifications to the program.
“(h) Limitation.—Nothing in this section shall be deemed to provide any new authority to the Secretary of Defense.”
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 Department of Defense policy regarding the payment of a claim by a member of the Armed Forces who is not assigned 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 disaster. 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 implement the policy change.”
Public Health Service
Authority vested by this chapter in “military departments”, “the Secretary concerned”, or “the Secretary of Defense” to be exercised, with respect to commissioned officers of Public Health Service, by Secretary of Health and Human Services or his designee, see section 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 exercised, with respect to commissioned officer corps of National Oceanic and Atmospheric Administration, by Secretary of Commerce or his designee, see section 3071 of Title 33, Navigation and Navigable Waters.
LII has no control over and does not endorse any external Internet site that contains links to or references LII.