Sec. 8106. ### (a)
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## SEC. 8106 ###
(a)**[**[10 U.S.C. 2731 note](/us/usc/t10/s2731)**]** Of the funds appropriated in this Act for the Department of Defense, amounts should be made available, under such regulations as the Secretary of Defense may prescribe, to local military commanders appointed by the Secretary, 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)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)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)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)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)The Secretary of Defense shall report to the congressional defense committees 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.
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U.S. Code