Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
This commit is contained in:
Fabio
File diff suppressed because one or more lines are too long
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2732"
|
||||
description: "Payment of claims: availability of appropriations"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "163"
|
||||
chapter_name: "MILITARY CLAIMS"
|
||||
section: "2732"
|
||||
citation: "10 U.S.C. § 2732"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s2732"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "20aa6e1cd95ea1856660259f1862cd70b72242006ad6941ace16f5b36b064a5f"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "8ba389ea4a7569be4348efb0ad3008614ae88df810b34e3301f52084049a932d"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2732 - Payment of claims: availability of appropriations
|
||||
|
||||
## Text
|
||||
|
||||
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 District of Columbia (or members of the National Guard units thereof).
|
||||
|
||||
(Added Pub. L. 101–510, div. A, title XIV, § 1481(j)(1), Nov. 5, 1990, 104 Stat. 1708.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those in this section were contained in Pub. L. 100–463, title VIII, § 8098, Oct. 1, 1988, 102 Stat. 2270–35, which was set out as a note under section 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 incident 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.
|
||||
@@ -0,0 +1,93 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2733"
|
||||
description: "Property loss; personal injury or death: incident to noncombat activities of Department of Army, Navy, or Air Force"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "163"
|
||||
chapter_name: "MILITARY CLAIMS"
|
||||
section: "2733"
|
||||
citation: "10 U.S.C. § 2733"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s2733"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "165c6363a03cc295976458c20c2c160a6a853099ff13cbbf745a3a6a02e74a73"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "f7bdae2635bfff5f098a98c6fd7e2cc2ac3715fef0b4c070a914ed4906ee15f9"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2733 - Property loss; personal injury or death: incident to noncombat activities of Department of Army, Navy, or Air Force
|
||||
|
||||
## Text
|
||||
|
||||
(a) Under such regulations as the Secretary concerned may prescribe, he, or, subject to appeal 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, including damage or loss incident to use and occupancy;
|
||||
|
||||
(2) damage to or loss of personal property, including property bailed to the United States and including registered or insured mail damaged, 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 member 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 service;
|
||||
|
||||
(4) the damage to, or loss of, property, or the personal injury or death, was not caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee; or, if so caused, allowed only to the extent that the law of the place where the act or omission complained of occurred would permit recovery from a private individual under like circumstances; and
|
||||
|
||||
(5) it is substantiated as prescribed in regulations of the Secretary concerned.
|
||||
|
||||
For the purposes of clause (1), the dates of the beginning and ending of an armed conflict are the dates established by concurrent resolution of Congress or by a determination of the President.
|
||||
|
||||
(c) Payment may not be made under this section for reimbursement for medical, hospital, or burial services furnished at the expense of the United States.
|
||||
|
||||
(d) If the Secretary concerned considers that a claim in excess of $100,000 is meritorious, and the claim otherwise is payable under this section, the Secretary may pay the claimant $100,000 and report any meritorious amount in excess of $100,000 to the Secretary of the Treasury for payment under section 1304 of title 31.
|
||||
|
||||
(e) Except as provided in subsection (d), no claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction.
|
||||
|
||||
(f) For the purposes of this section, a member of the National Oceanic and Atmospheric Administration or of the Public Health Service who is serving with the Navy or Marine Corps shall be treated as if he were a member of that armed force.
|
||||
|
||||
(g) Under regulations prescribed by the Secretary concerned, an officer or employee under the jurisdiction of the Secretary may settle a claim that otherwise would be payable under this section in an amount not to exceed $25,000. A decision of the officer or employee who makes a final settlement decision under this section may be appealed by the claimant to the Secretary concerned or an officer or employee designated by the Secretary for that purpose.
|
||||
|
||||
(h) Under such regulations as the Secretary of Defense may prescribe, he or his designee has the same authority as the Secretary of a military department under this section with respect to the settlement of claims based on damage, loss, personal injury, or death caused by a civilian officer or employee of the Department of Defense acting within the scope of his employment or otherwise incident to noncombat activities of that department.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 153; Pub. L. 85–729, § 1, Aug. 23, 1958, 72 Stat. 813; Pub. L. 85–861, § 1(54), Sept. 2, 1958, 72 Stat. 1461; Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 90–522, Sept. 26, 1968, 82 Stat. 875; Pub. L. 90–525, §§ 1, 3–5, Sept. 26, 1968, 82 Stat. 877, 878; Pub. L. 91–312, § 2, July 8, 1970, 84 Stat. 412; Pub. L. 93–336, § 1, July 8, 1974, 88 Stat. 291; Pub. L. 96–513, title V, § 511(94), Dec. 12, 1980, 94 Stat. 2928; Pub. L. 98–564, § 1, Oct. 30, 1984, 98 Stat. 2918; Pub. L. 104–316, title II, § 202(e), Oct. 19, 1996, 110 Stat. 3842; Pub. L. 116–283, div. A, title IX, § 924(b)(2)(A)(ix), Jan. 1, 2021, 134 Stat. 3821.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 2733(a) 2733(b) 2733(c)2733(d)2733(e) 2733(f)31:223b (1st sentence, less 52d through 62d, and 76th through 93d, words; and less proviso).[Uncodified: Aug. 2, 1946, ch. 753, § 424(a) (4th clause), 60 Stat. 847].31:223b (76th through 93d words and proviso of 1st sentence; and 2d sentence).31:223b (3d sentence).31:223b (last sentence).31:223b (52d through 62d words of 1st sentence).31:222h.[31:223b is made applicable to the Navy by 31:223d and 223e].July 3, 1943, ch. 189, § 1 (less 4th sentence), 57 Stat. 372; May 29, 1945, ch. 135, § 4, 59 Stat. 225; June 28, 1946, ch. 514, § 1, 60 Stat. 332; July 3, 1952, ch. 570, § 2(c), 66 Stat. 334; Mar. 31, 1953, ch. 13 (as applicable to Act of July 3, 1952, ch. 570, § 2(c)), 67 Stat. 18; June 30, 1953, ch. 172 (as applicable to Act of July 3, 1952, ch. 570, § 2(c)), 67 Stat. 131.Aug. 2, 1946, ch. 753, § 424(a) (4th clause), 60 Stat. 847.Dec. 28, 1945, ch. 597, § 1, 59 Stat. 662; June 28, 1946, ch. 514, § 2, 60 Stat. 333. Dec. 28, 1945, ch. 597, § 6; added Mar. 20, 1946, ch. 104 (last par.), 60 Stat. 56. In subsection (a), the words “a civilian officer or employee of that department, or a member of the Army, Navy, Air Force, or Marine Corps, as the case may be” are substituted for the words “military personnel or civilian employees of the Department of the Army or of the Army”. The words “whether under a lease, express or implied” are omitted as surplusage. The words “consider, ascertain, adjust, determine” are omitted as covered by the word “settle”, as defined in section 2731 of this title. The words “arising on or after May 27, 1941” are omitted as executed, since, under revised subsection (b), a claim must be filed within one year after it accrues, or within one year after the war is terminated, if it accrues in time of war. In subsection (a)(1), the words “or loss” are inserted before the word “incident”, for clarity. In subsection (b)(1), the words “it accrues” are substituted for the words “the accident or incident out of which such claim arises shall have occurred”, in 31:223b. The words “the claim accrues” are substituted for the words “That if such accident or incident occurs”. The words “not later than” are substituted for the words “within” to make it clear that a claim may be presented during a war. The words “the war is terminated” are substituted for the words “after peace is established”, since the other time covered is “time of war”. 31:223b (last 49 words of proviso of 2d sentence) is omitted as executed. In subsection (b)(2), the words “or section 2672 of title 28” are substituted for the words “claims cognizable under part 2 of this title”, to reflect the express amendment of 31:223b and 223c by the fourth clause of section 424(a) of the Federal Tort Claims Act, 60 Stat. 847. Section 424(a) of the Federal Tort Claims Act referred to “claims cognizable under part 2 of this title”. Part 2 of that act consisted of sections 403 and 404 which were repealed by section 39 of the Act of June 25, 1948, ch. 646, 62 Stat. 1008, and replaced by sections 2672 and 2673 of title 28. The words “or possessions thereof” are omitted, since possessions of foreign countries are not specifically covered by the section to which the words refer. In subsection (d), the words “claim * * * that would otherwise be covered by this section” are substituted for the words “such claims”. In subsection (e), the words “and final settlement” are omitted as surplusage.
|
||||
|
||||
1958 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 273331:223b.Mar. 29, 1956, ch. 103, §§ 1–3, 70 Stat. 60, 61.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Subsec. (a). Pub. L. 116–283 substituted “Marine Corps, Space Force,” for “Marine Corps,” in par. (2) and in concluding provisions. 1996—Subsec. (d). Pub. L. 104–316 substituted “Secretary of the Treasury” for “Comptroller General”. 1984—Subsec. (a). Pub. L. 98–564, § 1(1), substituted “Chief Counsel” for “chief legal officer” and “$100,000” for “$25,000” in provisions preceding par. (1). Subsec. (d). Pub. L. 98–564, § 1(2), amended subsec. (d) generally, substituting “$100,000” for “$25,000” and provisions requiring Secretary to report excess to the Comptroller General for provisions requiring reporting to Congress. Subsec. (g). Pub. L. 98–564, § 1(3), substituted provisions permitting officers and employees of Secretary concerned to settle claims not otherwise payable under this section in amounts not to exceed $25,000 and providing for an appeal to Secretary concerned or his designee for provisions which provided for delegation of claims settlement authority by Secretary for cases not to exceed $5,000 and for appeal therefrom. 1980—Subsec. (f). Pub. L. 96–513 substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”. 1974—Subsec. (a). Pub. L. 93–336, § 1(1), substituted “$25,000” for “$15,000”. Subsec. (d). Pub. L. 93–336, § 1(2), substituted “$25,000” for “$15,000” wherever appearing. Subsec. (g). Pub. L. 93–336, § 1(3), substituted “$5,000” for “$2,500”. 1970—Subsec. (a). Pub. L. 91–312, § 2(a), substituted “$15,000” for “$5,000”. Subsec. (d). Pub. L. 91–312, § 2(b), substituted “$15,000” for “$5,000” wherever appearing. 1968—Subsec. (a). Pub. L. 90–525, § 1, substituted “Secretary concerned” for “Secretary of a military department”, and authorized the Chief Legal Officer of the Coast Guard to settle claims, settlement of claims for damage or loss to personal property in possession of the Coast Guard, and settlements when the torts are caused by civilian officers or employees and members of the Coast Guard when acting within scope of employment or otherwise incident to noncombat activities of the Coast Guard. Subsec. (b)(4). Pub. L. 90–522, § 1(1), authorized application of local law in determining effect of claimant’s contributory negligence. Subsec. (d). Pub. L. 90–525, § 5, struck out “of the military department” after “Secretary”. Subsec. (g). Pub. L. 90–525, § 3, increased limitation on amount of settlement from $1,000 to $2,500, struck out “military” before “department concerned”, and provided for appeals to Secretary concerned, or his designee, from determinations delegating authority to settle claims to an officer of an armed force. See Pub. L. 90–522, § 1(2), hereunder, for identical provision for appeals to Secretary concerned. Pub. L. 90–522, § 1(2), provided for appeals to Secretary concerned, or his designee, from determinations delegating authority to settle claims to an officer of an armed force. Subsec. (h). Pub. L. 90–525, § 4, added subsec. (h). 1966—Subsec. (f). Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”. 1958—Subsec. (a). Pub. L. 85–729, § 1(1)(A), substituted “the Judge Advocate General of an armed force under his jurisdiction, if designated by him, may settle, and pay in an amount not more than $5,000” for “any officer designated by him may settle, and pay in an amount not more than $1,000”. Subsec. (b). Pub. L. 85–861, § 1(54)(A), (B), in cl. (1), substituted “two years” for “one year” in three places and included claims accruing in time of armed conflict, and inserted sentence providing for the determination of dates of the beginning and ending of an armed conflict. Subsec. (c). Pub. L. 85–861, § 1(54)(C), substituted provisions prohibiting payment for reimbursement for medical, hospital, or burial services furnished at the expense of the United States for provisions which prohibited allowance of claims for personal injury or death for more than the cost of reasonable medical, hospital, and burial expenses actually incurred, and not otherwise furnished or paid by the United States. Subsec. (d). Pub. L. 85–729, § 1(1)(B), substituted provisions authorizing partial payments on claims over $5,000 for provisions which authorized the Secretary of the military department concerned to report a claim for more than $1,000 to Congress for its consideration. Subsec. (e). Pub. L. 85–729, § 1(1)(B), substituted “Except as provided in subsection (d), no claim may be paid under this section” for “No claim may be paid under subsection (a)”. Subsec. (g). Pub. L. 85–729, § 1(1)(C), added subsec. (g).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a Amendment note under section 101 of this title.
|
||||
|
||||
RepealsThe directory language of, but not the amendment made by, Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this section, was repealed by Pub. L. 97–295, § 6(b), Oct. 12, 1982, 96 Stat. 1314.
|
||||
|
||||
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 relating 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 Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
|
||||
|
||||
Claims for Injury or Death Accrued Before March 30, 1956Pub. L. 85–861, § 17, Sept. 2, 1958, 72 Stat. 1558, disallowed claims for personal injury or death under section 2733 of this title, for more than the cost of reasonable medical, hospital, and burial expenses actually incurred if the claim accrued before March 30, 1956.
|
||||
|
||||
Executive Documents
|
||||
|
||||
Transfer of Functions For transfer of functions of Public Health Service, see note set out under section 802 of this title.
|
||||
@@ -0,0 +1,135 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2733a"
|
||||
description: "Medical malpractice claims by members of the uniformed services"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "163"
|
||||
chapter_name: "MILITARY CLAIMS"
|
||||
section: "2733a"
|
||||
citation: "10 U.S.C. § 2733a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s2733a"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "29e240bde8e5a04fa63fa4b9a8b2e2e6c3fde4d7c03b834f6aa33712debd60f9"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "b8317f0239eca2628abd68343b374b554de137c226e3d31362ecba8f0c38a054"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2733a - Medical malpractice claims by members of the uniformed services
|
||||
|
||||
## Text
|
||||
|
||||
(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) Payment of Claims.— (1) If the Secretary of Defense determines, pursuant to regulations prescribed by the Secretary under subsection (h), that a claim under this section in excess of $100,000 is meritorious, and the claim is otherwise payable under this section, the Secretary may pay the claimant $100,000 and report any meritorious amount in excess of $100,000 to the Secretary of the Treasury for payment under section 1304 of title 31.
|
||||
|
||||
(2) Except as provided in paragraph (1), no claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction.
|
||||
|
||||
(e) Reporting Medical Malpractice.— Not later than 30 days after a determination of medical malpractice or the payment of all or part of a claim under this section, the Secretary of Defense shall submit to the Director of the Defense Health Agency a report documenting such determination or payment to be used by the Director for all necessary and appropriate purposes, including medical quality assurance.
|
||||
|
||||
(f) Justification of Denial.— If a claim under this section is denied, the Secretary of Defense shall provide the claimant with detailed reasoning justifying the denial of the claim, including—
|
||||
|
||||
(1) copies of any written reports prepared by any expert upon which the denial is based, and information regarding the qualifications of each such expert who provided an expert medical opinion; and
|
||||
|
||||
(2) all records and documents relied upon in preparing such written reports, other than medical quality assurance records (as such term is defined in section 1102 of this title).
|
||||
|
||||
(g) Expert Medical Opinions.— In using an expert medical opinion to evaluate a claim under this section, the Secretary of Defense shall use the opinion of—
|
||||
|
||||
(1) an individual who is board-certified in the medical specialty with respect to that claim; or
|
||||
|
||||
(2) if the claim involves medical, dental, or related health care functions for which board certification does not apply, an individual who is a highly qualified expert regarding the relevant medical, dental, or related health care function.
|
||||
|
||||
(h) Regulations.— (1) The Secretary of Defense shall prescribe regulations to implement this section.
|
||||
|
||||
(2) Regulations prescribed by the Secretary under paragraph (1) shall include the following:
|
||||
|
||||
(A) Policies and procedures to ensure the timely, efficient, and effective processing and administration of claims under this section, including—
|
||||
|
||||
(i) the filing, receipt, investigation, and evaluation of a claim;
|
||||
|
||||
(ii) the negotiation, settlement, and payment of a claim;
|
||||
|
||||
(iii) such other matters relating to the processing and administration of a claim, including an administrative appeals process, as the Secretary considers appropriate.
|
||||
|
||||
(B) Uniform standards consistent with generally accepted standards used in a majority of States in adjudicating claims under chapter 171 of title 28 (commonly known as the “Federal Tort Claims Act”) to be applied to the evaluation, settlement, and payment of claims under this section without regard to the place of occurrence of the medical malpractice giving rise to the claim or the military department or service of the member of the uniformed services, and without regard to foreign law in the case of claims arising in foreign countries, including uniform standards to be applied to determinations with respect to—
|
||||
|
||||
(i) whether an act or omission by a Department of Defense health care provider in the context of performing medical, dental, or related health care functions was negligent or wrongful, considering the specific facts and circumstances;
|
||||
|
||||
(ii) whether the personal injury or death of the member was caused by a negligent or wrongful act or omission of a Department of Defense health care provider in the context of performing medical, dental, or related health care functions, considering the specific facts and circumstances;
|
||||
|
||||
(iii) requirements relating to proof of duty, breach of duty, and causation resulting in compensable injury or loss, subject to such exclusions as may be established by the Secretary of Defense; and
|
||||
|
||||
(iv) calculation of damages.
|
||||
|
||||
(C) Such other matters as the Secretary considers appropriate.
|
||||
|
||||
(3) In order to implement expeditiously the provisions of this section, the Secretary may prescribe the regulations under this subsection—
|
||||
|
||||
(A) by prescribing an interim final rule; and
|
||||
|
||||
(B) not later than one year after prescribing such interim final rule and considering public comments with respect to such interim final rule, by prescribing a final rule.
|
||||
|
||||
(i) Limitation on Attorney Fees.— (1) No attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 20 percent of any claim paid pursuant to this section.
|
||||
|
||||
(2) Any attorney who charges, demands, receives, or collects for services rendered in connection with a claim under this section any amount in excess of the amount allowed under paragraph (1), if recovery be had, shall be fined not more than $2,000, imprisoned not more than one year, or both.
|
||||
|
||||
(j) Annual Reports.— Not less frequently than annually until 2028, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on claims processed under this section that includes, with respect to the period covered by the report, the following:
|
||||
|
||||
(1) The number of claims processed under this section.
|
||||
|
||||
(2) The average timeline for resolving such claims.
|
||||
|
||||
(3) The resolution of each such claim.
|
||||
|
||||
(4) The number of claims that were denied based on the claim not meeting one or more requirement specified in subsection (b) (other than for not being substantiated pursuant to paragraph (6)), disaggregated by each such requirement.
|
||||
|
||||
(5) Any other information that the Secretary determines may enhance the effectiveness of the claims process under this section.
|
||||
|
||||
(k) Definitions.— In this section:
|
||||
|
||||
(1) Covered military medical treatment facility.— The term “covered military medical treatment facility” means a facility described in subsection (b), (c), or (d) of section 1073d of this title.
|
||||
|
||||
(2) Department of defense health care provider.— The term “Department of Defense health care provider” means a member of the uniformed services, civilian employee of the Department of Defense, or personal services contractor of the Department (under section 1091 of this title) authorized by the Department to provide health care services and acting within the scope of employment of such individual.
|
||||
|
||||
(3) Member of the uniformed services.— The term “member of the uniformed services” includes a member of a reserve component of the armed forces if the claim by the member under this section is in connection with personal injury or death that occurred while the member was in Federal status.
|
||||
|
||||
(Added Pub. L. 116–92, div. A, title VII, § 731(a)(1), Dec. 20, 2019, 133 Stat. 1457; amended Pub. L. 118–31, div. A, title VII, § 713, Dec. 22, 2023, 137 Stat. 302; Pub. L. 118–159, div. A, title VII, §§ 731, 732, Dec. 23, 2024, 138 Stat. 1955, 1956.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2024—Subsecs. (a), (b)(6), (d)(1). Pub. L. 118–159, § 731(1), substituted “subsection (h)” for “subsection (g)”. Subsec. (f)(1). Pub. L. 118–159, § 731(2), inserted “, and information regarding the qualifications of each such expert who provided an expert medical opinion” before the semicolon. Subsecs. (g) to (i). Pub. L. 118–159, § 731(3), (4), added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively. Former subsec. (i) redesignated (j). Subsec. (j). Pub. L. 118–159, §§ 731(3), 732, redesignated subsec. (i) as (j) and amended it generally. Prior to amendment, subsec. related to annual reports. Subsec. (k). Pub. L. 118–159, § 731(3), redesignated subsec. (j) as (k). 2023—Subsec. (a). Pub. L. 118–31, § 713(1), substituted “subsection (g)” for “subsection (f)”. Subsec. (b)(6). Pub. L. 118–31, § 713(2), substituted “subsection (g)” for “subsection (f)”. Subsec. (d)(1). Pub. L. 118–31, § 713(3), substituted “subsection (g)” for “subsection (f)”. Subsecs. (f) to (j). Pub. L. 118–31, § 713(4), (5), added subsec. (f) and redesignated former subsecs. (f) to (i) as (g) to (j), respectively.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 116–92, div. A, title VII, § 731(d), Dec. 20, 2019, 133 Stat. 1460, provided that: “(1) Effective date.—The amendments made by this section [enacting this section and amending section 2735 of this title and section 1304 of Title 31, Money and Finance] shall apply to any claim filed under section 2733a of such title, as added by subsection (a)(1), on or after January 1, 2020. “(2) Transition.—Any claim filed in calendar year 2020 shall be deemed to be filed within the time period specified in section 2733a(b)(4) of such title, as so added, if it is filed within three years after it accrues.”
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,57 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2734a"
|
||||
description: "Property loss; personal injury or death: incident to noncombat activities of armed forces in foreign countries; international agreements"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "163"
|
||||
chapter_name: "MILITARY CLAIMS"
|
||||
section: "2734a"
|
||||
citation: "10 U.S.C. § 2734a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s2734a"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "4854cf6675543e7b7bcd207acdb5d3b8e2a315792f23c97e559bacd62969bba4"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "880d220d0ae91dca84af6f60ec24be44d8f3dccad1090fb5c8019767d86b9a6e"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2734a - Property loss; personal injury or death: incident to noncombat activities of armed forces in foreign countries; international agreements
|
||||
|
||||
## Text
|
||||
|
||||
(a) When the United States is a party to an international agreement which provides for the settlement or adjudication and cost sharing of claims against the United States arising out of the acts or omissions of a member or civilian employee of an armed force of the United States done in the performance of official duty, or arising out of any other act, omission, or occurrence for which an armed force of the United States is legally responsible under the law of another party to the international agreement, and causing damage in the territory of such party, the Secretary of Defense or the Secretary of Homeland Security or their designees may—
|
||||
|
||||
(1) reimburse the party to the agreement for the agreed pro rata share of amounts, including any authorized arbitration costs, paid by that party in satisfying awards or judgments on claims, in accordance with the agreement; or
|
||||
|
||||
(2) pay the party to the agreement the agreed pro rata share of any claim, including any authorized arbitration costs, for damage to property owned by it, in accordance with the agreement.
|
||||
|
||||
(b) A claim arising out of an act of an enemy of the United States or arising, directly or indirectly, from an act of the armed forces, or a member thereof, while engaged in combat may not be considered or paid under this section.
|
||||
|
||||
(c) A reimbursement or payment under this section shall be made by the Secretary of Defense out of appropriations as provided in section 2732 of this title except that payment of claims against the Coast Guard arising while it is operating as a service of the Department of Homeland Security shall be made out of the appropriations for the operating expenses of the Coast Guard. The appropriations referred to in this subsection may be used to buy foreign currencies required for the reimbursement or payment.
|
||||
|
||||
(d) Upon the request of the Secretary of Homeland Security or his designee, any payments made relating to claims arising from the activities of the Coast Guard and covered by subsection (a) may be reimbursed or paid to the foreign country concerned by the authorized representative of the Department of Defense out of appropriations as provided in section 2732 of this title, subject to reimbursement from the Department of Homeland Security.
|
||||
|
||||
(Added Pub. L. 87–651, title I, § 113(a), Sept. 7, 1962, 76 Stat. 512; amended Pub. L. 90–521, § 4, Sept. 26, 1968, 82 Stat. 874; Pub. L. 94–390, § 1(1), Aug. 19, 1976, 90 Stat. 1191; Pub. L. 98–525, title XIV, § 1405(42)(A), Oct. 19, 1984, 98 Stat. 2625; Pub. L. 101–510, div. A, title XIV, § 1481(j)(4)(B), Nov. 5, 1990, 104 Stat. 1709; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 2734a(a)2734a(b) 2734a(c)31:224i–2 (less proviso).31:224i–2 (proviso, as applicable to 31:224i–2).31:224i–5 (as applicable to 31–224i–2).Aug. 31, 1954, ch. 1152, §§ 1 (less proviso, as applicable to § 2), 4 (as applicable to § 1), 68 Stat. 1006, 1007. In subsection (a), the following substitutions are made: “Under” for “Pursuant to the terms”; “country” for “government”; “under its laws and regulations” for “in accordance with the laws and regulations of such foreign government”; “may” for “is authorized”; “amounts” for “sums”; and “spent” for “expended”. The words “now or may hereafter be” are omitted as surplusage. In subsection (b), the following substitutions are made: “act” for “action” and “may” for “shall”. In subsection (c), the words “pro rata” are omitted as surplusage. The following substitutions are made: “under this section” for “by the United States with respect to a settlement, award, or compromise made pursuant to sections 224i–2 to 224i–5 of this title”; “to buy” for “for the purchase of”; and “needed” for “necessary”. The words “which appropriations are authorized” are omitted as unnecessary.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2002—Subsecs. (a), (c), (d). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” wherever appearing. 1990—Subsec. (c). Pub. L. 101–510, § 1481(j)(4)(B)(i), substituted “as provided in section 2732 of this title” for “for that purpose”. Subsec. (d). Pub. L. 101–510, § 1481(j)(4)(B)(ii), substituted “appropriations as provided in section 2732 of this title” for “the appropriation for claims of the Department of Defense”. 1984—Pub. L. 98–525 substituted “in foreign countries” for “; foreign countries” in section catchline. 1976—Subsec. (a). Pub. L. 94–390 substituted provisions authorizing the Secretary of Defense or the Secretary of Transportation to reimburse or pay, including arbitration costs, claims arising under international agreements to which the United States is a party and providing for settlement or adjudication and cost sharing based on the responsibility of the United States under the law of the other party to the international agreement, for provisions authorizing the Secretary of Defense to reimburse or pay claims arising under international agreements to which the United States is a party and providing for adjudication by the other country under its laws and regulations. 1968—Subsec. (c). Pub. L. 90–521, § 4(a), provided for payment of claims against the Coast Guard arising while it is operating as a service of the Department of Transportation out of appropriations for operating expenses of the Coast Guard. Subsec. (d). Pub. L. 90–521, § 4(b), added subsec. (d).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2734b"
|
||||
description: "Property loss; personal injury or death: incident to activities of armed forces of foreign countries in United States; international agreements"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "163"
|
||||
chapter_name: "MILITARY CLAIMS"
|
||||
section: "2734b"
|
||||
citation: "10 U.S.C. § 2734b"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s2734b"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "dacf547a91b53349a93fc4da3afbfba0427a3707df4a5ff518cba0327d5542e1"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "face0ccf2477d1e30c706cd41ad6cb73b4f45a0ca121e2f16f640732e5c63cff"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2734b - Property loss; personal injury or death: incident to activities of armed forces of foreign countries in United States; international agreements
|
||||
|
||||
## Text
|
||||
|
||||
(a) When the United States is a party to an international agreement which provides for the settlement or adjudication by the United States under its laws and regulations, and subject to agreed pro rata reimbursement, of claims against another party to the agreement arising out of the acts or omissions of a member or civilian employee of an armed force of that party done in the performance of official duty, or arising out of any other act, omission, or occurrence for which that armed force is legally responsible under applicable United States law, and causing damage in the United States, or a territory, Commonwealth, or possession thereof; those claims may be prosecuted against the United States, or settled by the United States, in accordance with the agreement, as if the acts or omissions upon which they are based were the acts or omissions of a member or a civilian employee of an armed force of the United States.
|
||||
|
||||
(b) When a dispute arises in the settlement or adjudication of a claim under this section whether an act or omission was in the performance of official duty, or whether the use of a vehicle 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 Secretary 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 appropriations 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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (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 applicability to 31:224i–2).31:224i–5 (less applicability to 31:224i–2).Aug. 31, 1954, ch. 1152, §§ 1 (proviso, less applicability to § 1), 2, 3, 4 (less applicability to § 1), 68 Stat. 1006, 1007. In subsection (a), the following omissions as surplusage are made: “the terms of” and “now or may hereafter be”. The following substitutions are made: “country” for “government”; “in the United States, or a Territory, Commonwealth, or possession” for “within the territory of the United States”; “under” for “in accordance 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 “asserted under section 224i–3 of this title”; “the dispute” for “such disputed question or questions”; “under” for “in accordance with the terms of”; and the last sentence for the last sentence of 31:224i–4. The following omissions as surplusage are made: “of a civilian employee or military personnel of a foreign country” and “of the armed forces for such party”. In subsection (c), the word “act” is substituted for the word “action”. In subsection (d), the words “under this section” are substituted for the words “by the United States with respect to a settlement, award, or compromise made pursuant to section 224i–2 to 224i–5 of this title”. The words “which appropriations are authorized” are omitted as unnecessary.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1990—Subsec. (d). Pub. L. 101–510 substituted “as provided in section 2732 of this title” for “for that purpose”. 1976—Subsec. (a). Pub. L. 94–390 substituted provisions authorizing claims, for which another armed force is legally responsible under applicable United States law, to be prosecuted against the United States or settled by the United States in accordance with an international agreement providing for the settlement or adjudication by the United States under its laws and regulations as if the acts or omissions upon which the claims are based were of a member or a civilian employee of an armed force of the United States, for provisions authorizing claims to be prosecuted against the United States or settled by the United States by adjudication by the United States under its laws and regulations as if the acts or omissions upon which the claims are based were the acts or omissions in the performance of official duty of a civilian employee or a member of an armed force.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2735"
|
||||
description: "Settlement: final and conclusive"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "163"
|
||||
chapter_name: "MILITARY CLAIMS"
|
||||
section: "2735"
|
||||
citation: "10 U.S.C. § 2735"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s2735"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "f24ddc69edca4a63373bca96572d8af625767ee794876b66d2ccf8458df89240"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "d621c932f82fc29f0ff5a76fa3d2b14d13dad4b7a2841933659975b5594a235c"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2735 - Settlement: final and conclusive
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 155; Pub. L. 88–558, § 5(1), Aug. 31, 1964, 78 Stat. 768; Pub. L. 92–413, Aug. 29, 1972, 86 Stat. 649; Pub. L. 116–92, div. A, title VII, § 731(c)(1), Dec. 20, 2019, 133 Stat. 1460.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 273531:222c (1st sentence of (e)).31:223b (4th sentence).31:224d (last proviso).May 29, 1945, ch. 135, § 1 (e) (1st sentence); restated July 3, 1952, ch. 548, § 1 (1st sentence of last par.), 66 Stat. 323. July 3, 1943, ch. 189, § 1 (4th sentence), 57 Stat. 373. Jan. 2, 1942, ch. 645, § 1 (last proviso); restated Apr. 22, 1943, ch. 67, § 1 (last proviso), 57 Stat. 67. The words “for all purposes” and “to the contrary”, in each source credit; “by the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of Defense, or their designees” and “such regulations as they, respectively, may prescribe hereunder”, in 31:222c(e); “by the Secretary of the Army, or his designee” and “such regulations as he may prescribe hereunder”, in 31:223b; and “by such Commissions”, in 31:224d; are omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2019—Pub. L. 116–92 substituted “2733, 2733a,” for “2733,”. 1972—Pub. L. 92–413 inserted reference to sections 2734a, 2734b, and 2737 of this title. 1964—Pub. L. 88–558 struck out reference to section 2732.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2019 AmendmentAmendment by Pub. L. 116–92 applicable to any claim filed under section 2733a of this title, on or after Jan. 1, 2020, and any claim filed in calendar year 2020 deemed to be filed within the time period specified in section 2733a(b)(4) of this title if it is filed within three years after it accrues, see section 731(d) of Pub. L. 116–92, set out as an Effective Date note under section 2733a of this title.
|
||||
|
||||
Effective Date of 1964 AmendmentPub. L. 88–558, § 5, Aug. 31, 1964, 78 Stat. 768, provided that the amendment made by that section is effective two years from Aug. 31, 1964.
|
||||
|
||||
RepealsThe directory language of, but not the amendment made by, Pub. L. 88–558, Aug. 31, 1964, 78 Stat. 767, cited as a credit to this section and in the Effective Date of 1964 Amendment note above, was repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2736"
|
||||
description: "Property loss; personal injury or death: advance payment"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "163"
|
||||
chapter_name: "MILITARY CLAIMS"
|
||||
section: "2736"
|
||||
citation: "10 U.S.C. § 2736"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s2736"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "d302a7f090b9a3d25f72c952c115920d8722bf36fef7de64e890b8eba8163056"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "ea615aa3b79aef5453a9990c9ab9e48555492bfee0978c114ee5e94281c507b9"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2736 - Property loss; personal injury or death: advance payment
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) In the case of a person who is injured or killed, or whose property is damaged or lost, under circumstances for which the Secretary of a military department is authorized by law to allow a claim, the Secretary of the military department concerned may make a payment to or for the person, or the legal representatives of the person, in advance of the submission of such a claim or, if such a claim is submitted, in advance of the final settlement of the claim. The amount of such a payment may not exceed $100,000.
|
||||
|
||||
(2) Payments under this subsection are limited to payments which would otherwise be payable under section 2733 or 2734 of this title or section 715 of title 32.
|
||||
|
||||
(3) The Secretary of a military department may delegate the authority to make payments under this subsection to the Judge Advocate General of an armed force under the jurisdiction of the Secretary. The Secretary may delegate such authority to any other officer or employee under the jurisdiction of the Secretary, but only with respect to the payment of amounts of $25,000 or less.
|
||||
|
||||
(4) Payments under this subsection shall be made under regulations prescribed by the Secretary of the military department concerned.
|
||||
|
||||
(b) Any amount paid under subsection (a) shall be deducted from any amount that may be allowed under any other provision of law to the person, or his legal representative, for injury, death, damage, or loss attributable to the accident concerned.
|
||||
|
||||
(c) So far as practicable, regulations prescribed under this section shall be uniform for the military departments.
|
||||
|
||||
(d) Payment of an amount under subsection (a) is not an admission by the United States of liability for the accident concerned.
|
||||
|
||||
(Added Pub. L. 87–212, § 1(1), Sept. 8, 1961, 75 Stat. 488; amended Pub. L. 90–521, § 2, Sept. 26, 1968, 82 Stat. 874; Pub. L. 98–564, § 3, Oct. 30, 1984, 98 Stat. 2919; Pub. L. 100–456, div. A, title VII, § 735(a), Sept. 29, 1988, 102 Stat. 2005.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1988—Subsec. (a). Pub. L. 100–456 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Under such regulations as the Secretary of a military department may prescribe, payment of an amount not in excess of $10,000 may be made in advance of the submission of a claim to or for any person, or his legal representatives, who was injured or killed, or whose property was damaged or lost, under circumstances for which allowance of a claim is authorized by law. Payments under this subsection are limited to those which would otherwise be payable under section 2733 or 2734 of this title or section 715 of title 32.” 1984—Subsec. (a). Pub. L. 98–564 substituted “$10,000” for “$1,000”. 1968—Pub. L. 90–521 substituted “advance payment” for “incident to aircraft or missile operation” in section catchline. Subsec. (a). Pub. L. 90–521 substituted “under circumstances” for “as the result of an accident involving an aircraft or missile under the control of that department”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1988 AmendmentPub. L. 100–456, div. A, title VII, § 735(b), Sept. 29, 1988, 102 Stat. 2006, provided that: “The amendment made by subsection (a) [amending this section] shall apply to any claim which would otherwise be payable under section 2733 or 2734 of title 10, United States Code, or under section 715 of title 32, United States Code, and which has not been finally settled on or before the date of the enactment of this Act [Sept. 29, 1988].”
|
||||
@@ -0,0 +1,67 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2737"
|
||||
description: "Property loss; personal injury or death: incident to use of property of the United States and not cognizable under other law"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "163"
|
||||
chapter_name: "MILITARY CLAIMS"
|
||||
section: "2737"
|
||||
citation: "10 U.S.C. § 2737"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s2737"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "a424fc6c00b7217d9b360826bca546d218888539cecce3db13bc1e805d236bc9"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "67333e36c20201b6ae873a70070a3463ebe9c7f84454e9b5efe3ab3ed69b4f16"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2737 - Property loss; personal injury or death: incident to use of property of the United States and not cognizable under other law
|
||||
|
||||
## Text
|
||||
|
||||
(a) Under such regulations as the Secretary concerned may prescribe, he or his designee may settle and pay, in an amount not more than $1,000, a claim against the United States, not cognizable under any other provision of law, for—
|
||||
|
||||
(1) damage to, or loss of, property; or
|
||||
|
||||
(2) personal injury or death;
|
||||
|
||||
caused by a civilian official or employee of a military department or the Coast Guard, or a member of the armed forces, incident to the use of a vehicle of the United States at any place, or any other property of the United States on a Government installation.
|
||||
|
||||
(b) Under such regulations as the Secretary of Defense may prescribe, he or his designee has the same authority as the Secretary of a military department with respect to a claim, not cognizable under any other provision of law, for—
|
||||
|
||||
(1) damage to, or loss of, property; or
|
||||
|
||||
(2) personal injury or death;
|
||||
|
||||
caused by a civilian official or employee of the Department of Defense not covered by subsection (a), incident to the use of a vehicle of the United States at any place, or any other property of the United States on a Government installation.
|
||||
|
||||
(c) A claim may not be allowed under subsection (a) or (b) if the damage to, or loss of, property, or the personal injury or death was caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee.
|
||||
|
||||
(d) A claim for personal injury or death under this section may not be allowed for more than the cost of reasonable medical, hospital, and burial expenses actually incurred, and not otherwise furnished or paid by the United States.
|
||||
|
||||
(e) No claim may be allowed under this section unless it is presented in writing within two years after it accrues.
|
||||
|
||||
(f) A claim may not be paid under subsection (a) or (b) unless the amount tendered is accepted by the claimant in full satisfaction.
|
||||
|
||||
(g) No claim or any part thereof, the amount of which is legally recoverable by the claimant under an indemnifying law or indemnity contract, may be paid under this section. No subrogated claim may be paid under this section.
|
||||
|
||||
(h) So far as practicable, regulations prescribed under this section shall be uniform. Regulations prescribed under this section by the Secretaries of the military departments must be approved by the Secretary of Defense.
|
||||
|
||||
(Added Pub. L. 87–769, § 1(1)(A), Oct. 9, 1962, 76 Stat. 767, § 2736; renumbered § 2737, Pub. L. 89–718, § 21(a), Nov. 2, 1966, 80 Stat. 1118.)
|
||||
|
||||
## Notes
|
||||
|
||||
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 relating 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 Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2738"
|
||||
description: "Property loss: reimbursement of members for certain losses of household effects caused by hostile action"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "163"
|
||||
chapter_name: "MILITARY CLAIMS"
|
||||
section: "2738"
|
||||
citation: "10 U.S.C. § 2738"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s2738"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "547ac457a78df32c48f829da81e38c218c35a885c82b51282f822ebc9e0ccd15"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "9f413f5b8fb4f406b67c757cac5be8962765511580445a2a04fb55447ba50d6a"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2738 - Property loss: reimbursement of members for certain losses of household effects caused by hostile action
|
||||
|
||||
## Text
|
||||
|
||||
(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 sustained 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 described 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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. 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.”
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2739"
|
||||
description: "Amounts recovered from third parties for loss or damage to personal property shipped or stored at Government expense: crediting to appropriations"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "163"
|
||||
chapter_name: "MILITARY CLAIMS"
|
||||
section: "2739"
|
||||
citation: "10 U.S.C. § 2739"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s2739"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "41c29a3b5b50c4793f3ecc774e7324b19018f9d8a32f22f6787f9a323511288e"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "d817ba3f2a9c073ccd96f3f45cd8d9c8d0c5647b767d49ebf0969ae91d0a0996"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2739 - Amounts recovered from third parties for loss or damage to personal property shipped or stored at Government expense: crediting to appropriations
|
||||
|
||||
## Text
|
||||
|
||||
(a) Crediting of Collections.— Any qualifying military department third-party collection 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 purposes as the funds with which merged.
|
||||
|
||||
(b) Appropriate Current Appropriation.— For purposes of subsection (a), the appropriate current appropriation with respect to a qualifying military department third-party collection 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 occurred during shipment or storage of the property 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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. 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 department on or after the date of the enactment of this Act [Oct. 17, 1998].”
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2740"
|
||||
description: "Property loss: reimbursement of members and civilian employees for full replacement value of household effects when contractor reimbursement not available"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "163"
|
||||
chapter_name: "MILITARY CLAIMS"
|
||||
section: "2740"
|
||||
citation: "10 U.S.C. § 2740"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s2740"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "8c0f61e5691e15601bb36369203b86c9d93e57b8e85f158be9d84df772380526"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "9ea20d2e1a97bea6386a9b2d78ec1c7804d233704c51fac8514f690b6f7bec68"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2740 - Property loss: reimbursement of members and civilian employees for full replacement value of household effects when contractor reimbursement not available
|
||||
|
||||
## Text
|
||||
|
||||
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 transported at the expense of the Department of Defense, may pay the claim on the basis of full replacement value in any of the following cases in which reimbursement for the full replacement value for the loss or damage is not available directly 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 circumstances 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 Department of Defense contract for ocean carriage; and
|
||||
|
||||
(B) the land-based portions of the transportation were under contracts, in accordance with section 2636a of this title, that require 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 transported or stored under a contract or solicitation that requires at least one of the transportation service providers or carriers that handled the shipment to settle claims on the basis of full replacement value pursuant to section 2636a of this title;
|
||||
|
||||
(B) the lost or damaged goods have been in the custody of more than one independent contractor or transportation service provider; and
|
||||
|
||||
(C) a claim submitted to the delivering transportation service provider or carrier is denied in whole or in part because the loss or damage occurred while the lost or damaged goods were in the custody of a prior transportation service provider or carrier or government entity.
|
||||
|
||||
(Added Pub. L. 111–383, div. A, title III, § 354(a)(1), Jan. 7, 2011, 124 Stat. 4194.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 111–383, div. A, title III, § 354(b), Jan. 7, 2011, 124 Stat. 4195, provided that: “Section 2740 of title 10, United States Code, as added by subsection (a), shall apply with respect to losses incurred after the date of the enactment of this Act [Jan. 7, 2011].”
|
||||
Reference in New Issue
Block a user