Sec. 1213. AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS INJURY AND LOSS
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## SEC. 1213 AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS INJURY AND LOSS **[**[10 U.S.C. 2731 note](/us/usc/t10/s2731)**]** ###
(a)Authority During the period beginning on the date of the enactment of this Act and ending on December 31, 2033, not more than $3,000,000 for each calendar year, to be derived from funds authorized to be appropriated to the Office of the Secretary of Defense under the Operation and Maintenance, Defense-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 provision of law; ####
(2)a request for damages would not be compensable 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 suffered 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, personal injury, or death. ###
(c)Nature of Payment A payment provided pursuant to the authority under subsection
(a)may not be construed or considered as an admission or acknowledgment of any legal obligation to provide compensation 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, the Secretary of Defense shall establish procedures to receive, evaluate, and respond to allegations of civilian harm resulting from military operations involving the United States Armed Forces, a coalition that includes the United States, or a military 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 nongovernmental 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 Secretary of Defense shall ensure that procedures established under paragraph
(1)are formalized through updates 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 Defense determines a payment 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 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 includes such factors as cultural appropriateness and prevailing economic conditions. A copy of any regulations so prescribed shall be provided to the congressional defense committees upon finalization. ###
(f)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. ###
(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 Department of Defense as determined by the Secretary of Defense. ###
(h)Quarterly Report Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Defense shall submit to the congressional defense committees a report including the following: ####
(1)With respect to each ex gratia payment made under the authority in this section or any other authority 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 payments 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 respond 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 #####
(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 subsection (d)(1) and to otherwise implement this section. ###
(i)Relation to Other Authorities Notwithstanding any other provision of law, the authority provided by this section shall be construed as the sole authority available to make ex gratia payments for property damage, personal injury, or death that is incident to the use of force by the United States Armed Forces.
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Sec. 1213
AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS INJURY AND LOSS
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