§ 2636a. Loss or damage to personal property transported at Government expense: full replacement value; deduction from amounts due carriers

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 div. A title VI § 634(a) · 117 Stat. 1392

   Enacted · 10 U.S.C. § 2636a

   Added Pub. L. 108–136, div. A, title VI, § 634(a), Nov. 24, 2003, 117 Stat. 1509

   Source evidence

   Code source credit
   Added Pub. L. 108–136, div. A, title VI, § 634(a), Nov. 24, 2003, 117 Stat. 1509

   Enacted provision · exact public law section
   (a) Authority.— Chapter 157 of title 10, United States Code, is amended by inserting after section 2636 the following new section: “§ 2636a. Loss or damage to personal property transported at Government expense: full replacement value; deduction from amounts due carriers “(a) Procurement of Coverage.— The Secretary of Defense may include in a contract for the transportation of baggage and household effects for members of the armed forces at Government expense a clause that requires the carrier under the contract to pay the full replacement value for loss or damage to the baggage or household effects transported under the contract. “(b) Deduction Upon Failure of Carrier To Settle.— In the case of a loss or damage of baggage or household effects transported under a contract with a carrier that includes a clause described in subsection (a), the amount equal to the full replacement value for the baggage or household effects may be deducted from the amount owed by the United States to the carrier under the contract upon a failure of the carrier to settle a claim for such loss or total damage within a reasonable time. The amount so deducted shall be remitted to the claimant, notwithstanding section 2636 of this title. “(c) Inapplicability of Related Limits.— The limitations on amounts of claims that may be settled under section 3721(b) of title 31 do not apply to a carrier’s contractual obligation to pay full replacement value under this section. “(d) Regulations.— The Secretary of Defense shall prescribe regulations for administering this section. The regulations shall include policies and procedures for validating and evaluating claims, validating proper claimants, and determining reasonable time for settlement. “(e) Transportation Defined.— In this section, the terms ‘transportation’ and ‘transport’, with respect to baggage or household effects, includes packing, crating, drayage, temporary storage, and unpacking of the baggage or household effects.” .

2. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 363(b)(1) · 120 Stat. 2083

   Substituted · 10 U.S.C. § 2636a(a)

   Pub. L. 109–364, § 363(b)(1), substituted “shall include” for “may include”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–364, § 363(b)(1), substituted “shall include” for “may include”.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking “may include” and inserting “shall include”; and

   Effective date note
   Pub. L. 109–364, div. A, title III, § 363(b), Oct. 17, 2006, 120 Stat. 2167, provided that the amendment made by section 363(b) is effective Mar. 1, 2008.

3. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 363(a) · 120 Stat. 2083

   Substituted · 10 U.S.C. § 2636a(a)

   Pub. L. 109–364, § 363(a), substituted “at Government expense of baggage and household effects for members of the armed forces or civilian employees of the Department of Defense (or both)” for “of baggage and household effects for members of the armed forces at Government expense”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–364, § 363(a), substituted “at Government expense of baggage and household effects for members of the armed forces or civilian employees of the Department of Defense (or both)” for “of baggage and household effects for members of the armed forces at Government expense”.

   Enacted provision · exact public law section
   (a) Coverage of Property of Civilian Employees of Department of Defense.— Subsection (a) of section 2636a of title 10, United States Code, is amended by striking “of baggage and household effects for members of the armed forces at Government expense” and inserting “at Government expense of baggage and household effects for members of the armed forces or civilian employees of the Department of Defense (or both)”.

   Effective date note
   Pub. L. 109–364, div. A, title III, § 363(b), Oct. 17, 2006, 120 Stat. 2167, provided that the amendment made by section 363(b) is effective Mar. 1, 2008.

4. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 363(b)(2) · 120 Stat. 2083

   Substituted · 10 U.S.C. § 2636a(b)

   Pub. L. 109–364, § 363(b)(2), substituted “shall be deducted” for “may be deducted”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 109–364, § 363(b)(2), substituted “shall be deducted” for “may be deducted”.

   Enacted provision · exact public law section
   (2) in subsection (b), by striking “may be deducted” and inserting “shall be deducted”.

   Effective date note
   Pub. L. 109–364, div. A, title III, § 363(b), Oct. 17, 2006, 120 Stat. 2167, provided that the amendment made by section 363(b) is effective Mar. 1, 2008.

5. 2008

   National Defense Authorization Act for Fiscal Year 2008

   Pub. L. 110–181 div. A title III § 373 · 122 Stat. 3

   Inserted · 10 U.S.C. § 2636a(d)

   Pub. L. 110–181 inserted at end “The regulations may include a requirement that a member of the armed forces or civilian employee of the Department of Defense comply with reasonable restrictions or conditions prescribed by the Secretary in order to receive the full amount deducted under subsection (b).”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 110–181 inserted at end “The regulations may include a requirement that a member of the armed forces or civilian employee of the Department of Defense comply with reasonable restrictions or conditions prescribed by the Secretary in order to receive the full amount deducted under subsection (b).”

   Enacted provision · exact public law section
   SEC. 373. AUTHORITY TO IMPOSE REASONABLE RESTRICTIONS ON PAYMENT OF FULL REPLACEMENT VALUE FOR LOST OR DAMAGED PERSONAL PROPERTY TRANSPORTED AT GOVERNMENT EXPENSE.   Section 2636a(d) of title 10, United States Code, is amended by adding at the end the following new sentence: “The regulations may include a requirement that a member of the armed forces or civilian employee of the Department of Defense comply with reasonable restrictions or conditions prescribed by the Secretary in order to receive the full amount deducted under subsection (b).”.

5 of 5 references resolved to an enrolled provision