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10 U.S.C. § 2734 — Property loss; personal injury or death: incident to noncombat activities of the armed forces; foreign countries
Federal law — U.S. Code and appendices · legal_authorities
**(a)** To promote and to maintain friendly relations through the prompt settlement of meritorious claims, the Secretary concerned, or an officer or employee designated by the Secretary, may appoint, under such regulations as the Secretary may prescribe, one or more claims commissions, each composed of one or more officers or employees or combination of officers or employees of the armed forces, to settle and pay in an amount not more than $100,000, a claim against the United States for—
(1) damage to, or loss of, real property of any foreign country or of any political subdivision or inhabitant of a foreign country, including damage or loss incident to use and occupancy;
(2) damage to, or loss of, personal property of any foreign country or of any political subdivision or inhabitant of a foreign country, including property bailed to the United States; or
(3) personal injury to, or death of, any inhabitant of a foreign country;
if the damage, loss, personal injury, or death occurs outside the United States, or the Commonwealths or possessions, and is caused by, or is otherwise incident to noncombat activities of, the armed forces under his jurisdiction, or is caused by a member thereof or by a civilian employee of the military department concerned or the Coast Guard, as the case may be. The claim of an insured, but not that of a subrogee, may be considered under this subsection. In this section, “foreign country” includes any place under the jurisdiction of the United States in a foreign country. An officer or employee may serve on a claims commission under the jurisdiction of another armed force only with the consent of the Secretary of his department, or his designee, but shall perform his duties under regulations of the department appointing the commission.
**(b)
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Stable record: federal_law:legal_authorities:record_usc_2c1d2c34c4d88ada377e1c2c
Source file: Laws/federal/codes/united-states-code/title-10/section-2734-property-loss-personal-injury-or-death-incident-to-noncombat-activities--867c56e4bf.md
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Passage SHA-256: 7e88de77731f5e2841ca3c8fe294605593db02891fbb299f0a7a4400c075ce2a
Source location: Title 10, Chapter 163, § 2734; chapter-163-military-claims.md
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**(a)** To promote and to maintain friendly relations through the prompt settlement of meritorious claims, the Secretary concerned, or an officer or employee designated by the Secretary, may appoint, under such regulations as the Secretary may prescribe, one or more claims commissions, each composed of one or more officers or employees or combination of officers or employees of the armed forces, to settle and pay in an amount not more than $100,000, a claim against the United States for—
(1) damage to, or loss of, real property of any foreign country or of any political subdivision or inhabitant of a foreign country, including damage or loss incident to use and occupancy;
(2) damage to, or loss of, personal property of any foreign country or of any political subdivision or inhabitant of a foreign country, including property bailed to the United States; or
(3) personal injury to, or death of, any inhabitant of a foreign country;
if the damage, loss, personal injury, or death occurs outside the United States, or the Commonwealths or possessions, and is caused by, or is otherwise incident to noncombat activities of, the armed forces under his jurisdiction, or is caused by a member thereof or by a civilian employee of the military department concerned or the Coast Guard, as the case may be. The claim of an insured, but not that of a subrogee, may be considered under this subsection. In this section, “foreign country” includes any place under the jurisdiction of the United States in a foreign country. An officer or employee may serve on a claims commission under the jurisdiction of another armed force only with the consent of the Secretary of his department, or his designee, but shall perform his duties under regulations of the department appointing the commission.
**(b)** A claim may be allowed under subsection (a) only if—
(1) it is presented within two years after it accrues;
(2) in the case of a national of a country at war with the United States, or of any ally of that country, the claimant is determined by the commission or by the local military commander to be friendly to the United States; and
(3) it did not arise from action by an enemy or result directly or indirectly from an act of the armed forces of the United States in combat, except that a claim may be allowed if it arises from an accident or malfunction incident to the operation of an aircraft of the armed forces of the United States, including its airborne ordnance, indirectly related to combat, and occurring while preparing for, going to, or returning from a combat mission.
**(c)** The Secretary concerned may appoint any officer or employee under the jurisdiction of the Secretary to act as an approval authority for claims determined to be allowable under subsection (a) in an amount in excess of $10,000.
**(d)** If the Secretary concerned considers that a claim in excess of $100,000 is meritorious, and the claim otherwise is payable under this section, the Secretary may pay the claimant $100,000 and report any meritorious amount in excess of $100,000 to the Secretary of the Treasury for payment under [section 1304 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1304&num=0&edition=prelim).
**(e)** Except as provided in subsection (d), no claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction.
**(f)** Upon the request of the department concerned, a claim arising in that department and covered by subsection (a) may be settled and paid by a commission appointed under subsection (a) and composed of officers of an armed force under the jurisdiction of another department.
**(g)** Payment of claims against the Coast Guard arising while it is operating as a service in the Department of Homeland Security shall be made out of the appropriation for the operating expenses of the Coast Guard.
**(h)** The Secretary of Defense may designate any claims commission appointed under subsection (a) to settle and pay, as provided in this section, claims for damage caused by a civilian employee of the Department of Defense other than an employee of a military department. Payments of claims under this subsection shall be made from 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).
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Federal law — U.S. Code and appendices · legal_authorities
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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2732
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
In this chapter, “settle” means consider, ascertain, adjust, determine, and dispose of a claim, whether by full or partial allowance or by disallowance.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2731
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Necessary amounts are appropriated to pay final judgments, awards, compromise settlements, and interest and costs specified in the judgments or otherwise authorized by law when—
(1) payment is not otherwise provided for;
(2) payment is certified by the Secretary of the Treasury; and
(3) the judgment, award, or settlement is payable—
(A) under section 2414, 2517, 2672, or 2677 of title 28;
(B) under [section 3723 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3723&num=0&edition=prelim);
(C) under a decision of a board of contract appeals; or
(D) in excess of an amount payable from the appropriations of an agency for a meritorious claim under section 2733, 2733a, or 2734 of title 10, [section 715 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section715&num=0&edition=prelim), or [section 20113 of title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section20113&num=0&edition=prelim).
**(b)**
(1) Interest may be paid from the appropriation made by this section—
(A) on a judgment of a district court, only when the judgment becomes final after review on appeal or petition by the United States Government, and then only from the date of filing of the transcript of the judgment with the Secretary of the Treasury through the day before the date of the mandate of affirmance; or
(B) on a judgment of the Court of Appeals for the Federal Circuit or the United States Court of Federal Claims under [section 2516(b) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2516/b&num=0&edition=prelim), only from the date of filing of the transcript of the judgment with the Secretary of the Treasury through the day before t
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1304
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under such regulations as the Secretary concerned may prescribe, he, or, subject to appeal to him, the Judge Advocate General of an armed force under his jurisdiction, or the chief Counsel of the Coast Guard, as appropriate, if designated by him, may settle, and pay in an amount not more than $100,000, a claim against the United States for—
(1) damage to or loss of real property, including damage or loss incident to use and occupancy;
(2) damage to or loss of personal property, including property bailed to the United States and including registered or insured mail damaged, lost, or destroyed by a criminal act while in the possession of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be; or
(3) personal injury or death;
either caused by a civilian officer or employee of that department, or the Coast Guard, or a member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be, acting within the scope of his employment, or otherwise incident to noncombat activities of that department, or the Coast Guard.
**(b)** A claim may be allowed under subsection (a) only if—
(1) it is presented in writing within two years after it accrues, except that if the claim accrues in time of war or armed conflict or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after the war or armed conflict is terminated;
(2) it is not covered by [section 2734 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2734&num=0&edition=prelim) or [section 2672 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2672&num=0&edition=prelim);
(3)
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2733
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under such regulations as the Secretary of the Army or Secretary of the Air Force may prescribe, he or, subject to appeal to him, the Judge Advocate General of the armed force under his jurisdiction, if designated by him, may settle and pay in an amount not more than $100,000 a claim against the United States for—
(1) damage to, or loss of, real property, including damage or loss incident to use and occupancy;
(2) damage to, or loss of, personal property, including property bailed to the United States or the National Guard and including registered or insured mail damaged, lost, or destroyed by a criminal act while in the possession of the National Guard; or
(3) personal injury or death; either caused by a member of the Army National Guard or the Air National Guard, as the case may be, while engaged in training or duty under section 316, 502, 503, 504, or 505 of this title or any other provision of law for which he is entitled to pay under [section 206 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim), or for which he has waived that pay, and acting within the scope of his employment; or otherwise incident to noncombat activities of the Army National Guard or the Air National Guard, as the case may be, under one of those sections.
**(b)** A claim may be allowed under subsection (a) only if—
(1) it is presented in writing within two years after it accrues, except that if the claim accrues in time of war or armed conflict or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after the war or armed conflict is terminated;
(2) it is not covered by [section 2734 of title 10](https://uscode.hou
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 715
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Federal law — U.S. Code and appendices · legal_authorities
A claim against the American Battle Monuments Commission that is similar to a claim described in [section 2734 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2734&num=0&edition=prelim), that is based on damage to, or loss or destruction of, property, or personal injury or death of an individual, and that is caused by the negligent or wrongful act or omission of an officer or civilian employee of the Commission acting within the scope of the officer’s or employee’s office or employment, may be settled, decided, and paid as provided in section 2734 for the settlement of Army claims. However, the Secretary of the Army may appoint an officer or employee of the Commission to a claims commission or as an officer to approve settlements of claims made by the claims commission. All payments in settlement of a claim shall be made out of appropriations made to carry out this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 36 U.S.C. § 2110
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Federal law — U.S. Code and appendices · legal_authorities
Page 2191
TITLE 10—ARMED FORCES
§ 2734
for services rendered, fees in excess of 20 percent
of any claim paid pursuant to this section.
(2) Any attorney who charges, demands, re-
ceives, or collects for services rendered in con-
nection with a claim under this section any
amount in excess of the amount allowed under
paragraph (1), if recovery be had, shall be fined
not more than $2,000, imprisoned not more than
one year, or both.
(j) ANNUAL REPORTS.—Not less frequently than
annually until 2028, the Secretary of Defense
shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representa-
tives a report on claims processed under this
section that includes, with respect to the period
covered by the report, the following:
(1) The number of claims processed under
this section.
(2) The average timeline for resolving such
claims.
(3) The resolution of each such claim.
(4) The number of claims that were denied
based on the claim not meeting one or more
requirement specified in subsection (b) (other
than for not being substantiated pursuant to
paragraph (6)), disaggregated by each such re-
quirement.
(5) Any other information that the Secretary
determines may enhance the effectiveness of
the claims process under this section.
(k) DEFINITIONS.—In this section:
(1) COVERED
MILITARY
MEDICAL
TREATMENT
FACILITY.—The term ‘‘covered military med-
ical treatment facility’’ means a facility de-
scribed in subsection (b), (c), or (d) of section
1073d of this title.
(2) DEPARTMENT
OF
DEFENSE
HEALTH
CARE
PROVIDER.—The term ‘‘Department of Defense
health care provider’’ means a member of the
uniformed services, civilian employee of the
Department of Defense, or personal services
contractor of the Department (under section
1091 of this
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2734
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.