AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS INJURY AND LOSS.

SEC. 1213. AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS INJURY AND LOSS.(a) Authority.—During the period beginning on the date of the enactment of this Act and ending on December 31, 2022, 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 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”);(3) the property damage, personal injury, or death was not caused by action by an enemy;(4) the claimant 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 claimant 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.133 STAT. 1630(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) 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.(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 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.(g) 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 subsection 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 claims for such payments were verified.(C) The position of the official who approved the payment.(D) The manner in which payments are made.(2) With respect to a preceding 90-day period in which no ex gratia payments were made—(A) whether any such payment was refused, along with the reason for such refusal; or(B) any other reason for which no such payments were made.(h) 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.133 STAT. 1631