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10 U.S.C. § 2734b — Property loss; personal injury or death: incident to activities of armed forces of foreign countries in United States; international agreements
Federal law — U.S. Code and appendices · legal_authorities
**(a)** When the United States is a party to an international agreement which provides for the settlement or adjudication by the United States under its laws and regulations, and subject to agreed pro rata reimbursement, of claims against another party to the agreement arising out of the acts or omissions of a member or civilian employee of an armed force of that party done in the performance of official duty, or arising out of any other act, omission, or occurrence for which that armed force is legally responsible under applicable United States law, and causing damage in the United States, or a territory, Commonwealth, or possession thereof; those claims may be prosecuted against the United States, or settled by the United States, in accordance with the agreement, as if the acts or omissions upon which they are based were the acts or omissions of a member or a civilian employee of an armed force of the United States.
**(b)** When a dispute arises in the settlement or adjudication of a claim under this section whether an act or omission was in the performance of official duty, or whether the use of a vehicle of the armed forces was authorized, the dispute shall be decided under the international agreement with the foreign country concerned. Such a decision is final and conclusive. The Secretary of Defense may pay that part of the cost of obtaining such a decision that is chargeable to the United States under that agreement.
**(c)** A claim arising out of an act of an enemy of the United States may not be considered or paid under this section.
**(d)** A 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&nu
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Stable record: federal_law:legal_authorities:record_usc_3400aba15c1ff8326392da43
Source file: Laws/federal/codes/united-states-code/title-10/section-2734b-property-loss-personal-injury-or-death-incident-to-activities-of-armed-f--a9b67c0267.md
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Source location: Title 10, Chapter 163, § 2734b; chapter-163-military-claims.md
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**(a)** When the United States is a party to an international agreement which provides for the settlement or adjudication by the United States under its laws and regulations, and subject to agreed pro rata reimbursement, of claims against another party to the agreement arising out of the acts or omissions of a member or civilian employee of an armed force of that party done in the performance of official duty, or arising out of any other act, omission, or occurrence for which that armed force is legally responsible under applicable United States law, and causing damage in the United States, or a territory, Commonwealth, or possession thereof; those claims may be prosecuted against the United States, or settled by the United States, in accordance with the agreement, as if the acts or omissions upon which they are based were the acts or omissions of a member or a civilian employee of an armed force of the United States.
**(b)** When a dispute arises in the settlement or adjudication of a claim under this section whether an act or omission was in the performance of official duty, or whether the use of a vehicle of the armed forces was authorized, the dispute shall be decided under the international agreement with the foreign country concerned. Such a decision is final and conclusive. The Secretary of Defense may pay that part of the cost of obtaining such a decision that is chargeable to the United States under that agreement.
**(c)** A claim arising out of an act of an enemy of the United States may not be considered or paid under this section.
**(d)** A 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).
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 2194
TITLE 10—ARMED FORCES
§ 2734b
Secretary of Defense or the Secretary of Home-
land Security or their designees may—
(1) reimburse the party to the agreement for
the agreed pro rata share of amounts, includ-
ing 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 indi-
rectly, 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 De-
fense out of appropriations as provided in sec-
tion 2732 of this title 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 ap-
propriations for the operating expenses of the
Coast Guard. The appropriations referred to in
this subsection may be used to buy foreign cur-
rencies required for the reimbursement or pay-
ment.
(d) Upon the request of the Secretary of Home-
land Security or his designee, any payments
made relating to claims arising from the activi-
ties of the Coast Guard and covered by sub-
section (a) may be reimbursed or paid to the for-
eign country concerned by the authorized rep-
resentative of the Department of Defense out of
appropriations as provided in section 2732 of this
title, subject to reimbursement from the De-
partment of Homeland Security.
(Added Pub. L. 87–651,
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2734b
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