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10 U.S.C. § 2734a — Property loss; personal injury or death: incident to noncombat activities of armed forces in foreign countries; international agreements

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2734a — Property loss; personal injury or death: incident to noncombat activities of armed forces in foreign countries; international agreements

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2732&num=0&edition=prelim) 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

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Source file: Laws/federal/codes/united-states-code/title-10/section-2734a-property-loss-personal-injury-or-death-incident-to-noncombat-activities--769ea4955f.md
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Source location: Title 10, Chapter 163, § 2734a; chapter-163-military-claims.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2732 — Payment of claims: availability of appropriations

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).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2734a — Property loss; personal injury or death:

Page 2193 TITLE 10—ARMED FORCES § 2734a 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 2734(a) ..... 2734(d) ..... 2734(f) ..... 2734(h) .... 31:224d. 31:224d. 31:224i. 31:224i–1. July 28, 1956, ch. 769, § 1, 70 Stat. 703. In subsections (a)(1) and (2), the words ‘‘a foreign country’’ are substituted for the words ‘‘that country’’ to make clear that damage to a political subdivision or an inhabitant of a foreign country need not have oc- curred in that country. In subsection (h), the word ‘‘settle’’ is substituted for the words ‘‘consider, ascertain, adjust, determine,’’, since the word ‘‘settle’’, as defined in section 2731 of this title, includes those actions. The words ‘‘as pro- vided in this section’’ are substituted for the words ‘‘as described in section 224d of this title’’ and 31:224i–1 (2d sentence). Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–163 substituted ‘‘Com- monwealths or possessions’’ for ‘‘Territories, Common- wealths, or possessions’’ in concluding provisions. 2002—Subsec. (g). Pub. L. 107–296 substituted ‘‘Depart- ment of Homeland Security’’ for ‘‘Department of Transportation’’. 1996—Subsec. (d). Pub. L. 104–316 substituted ‘‘Sec- retary of the Treasury’’ for ‘‘Comptroller General’’. 1990—Subsec. (h). Pub. L. 101–510 substituted ‘‘as pro- vided in section 2732 of this title’’ for ‘‘available to the Office of the Secretary of Defense for the payment of claims’’. 1984—Subsec. (a). Pub. L. 98–564, § 2(1), substituted ‘‘$100,000’’ for ‘‘$25,000’’ and inserted provisions whereby employees as well as officers of the Secretary may set- tle claims in text preceding par. (1). Pub. L. 98–564, § 2(2), inserted ‘‘or employee’’ after ‘‘An officer’’ in last sentence. Subsec. (c). Pub. L. 98–

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