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

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 title) authorized by the Depart- ment to provide health care services and act- ing within the scope of employment of such in- dividual. (3) MEMBER OF THE UNIFORMED SERVICES.— The term ‘‘member of the uniformed services’’ includes a member of a reserve component of the armed forces if the claim by the member under this section is in connection with per- sonal injury or death that occurred while the member was in Federal status. (Added Pub. L. 116–92, div. A, title VII, § 731(a)(1), Dec. 20, 2019, 133 Stat. 1457; amended Pub. L. 118–31, div. A, title VII, § 713, Dec. 22, 2023, 137 Stat. 302; Pub. L. 118–159, div. A, title VII, §§ 731, 732, Dec. 23, 2024, 138 Stat. 1955, 1956.) Editorial Notes AMENDMENTS 2024—Subsecs. (a), (b)(6), (d)(1). Pub. L. 118–159, § 731(1), substituted ‘‘subsection (h)’’ for ‘‘subsection (g)’’. Subsec. (f)(1). Pub. L. 118–159, § 731(2), inserted ‘‘, and information regarding the qualifications of each such expert who provided an expert medical opinion’’ before the semicolon. Subsecs. (g) to (i). Pub. L. 118–159, § 731(3), (4), added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively. Former subsec. (i) redesig- nated (j). Subsec. (j). Pub. L. 118–159, §§ 731(3), 732, redesignated subsec. (i) as (j) and amended it generally. Prior to amendment, subsec. related to annual reports. Subsec. (k). Pub. L. 118–159, § 731(3), redesignated sub- sec. (j) as (k). 2023—Subsec. (a). Pub. L. 118–31, § 713(1), substituted ‘‘subsection (g)’’ for ‘‘subsection (f)’’. Subsec. (b)(6). Pub. L. 118–31, § 713(2), substituted ‘‘subsection (g)’’ for ‘‘subsection (f)’’. Subsec. (d)(1). Pub. L. 118–31, § 713(3), substituted ‘‘subsection (g)’’ for ‘‘subsection (f)’’. Subsecs. (f) to (j). Pub. L. 118–31, § 713(4), (5), added subsec. (f) and redesignated former subsecs. (f) to (i) as (g) to (j), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 116–92, div. A, title VII, § 731(d), Dec. 20, 2019, 133 Stat. 1460, provided that: ‘‘(1) EFFECTIVE DATE.—The amendments made by this section [enacting this section and amending section 2735 of this title and section 1304 of Title 31, Money and Finance] shall apply to any claim filed under section 2733a of such title, as added by subsection (a)(1), on or after January 1, 2020. ‘‘(2) TRANSITION.—Any claim filed in calendar year 2020 shall be deemed to be filed within the time period specified in section 2733a(b)(4) of such title, as so added, if it is filed within three years after it accrues.’’ § 2734. Property loss; personal injury or death: incident to noncombat activities of the armed forces; foreign countries (a) To promote and to maintain friendly rela- tions through the prompt settlement of meri- torious claims, the Secretary concerned, or an officer or employee designated by the Secretary, may appoint, under such regulations as the Sec- retary may prescribe, one or more claims com- missions, each composed of one or more officers or employees or combination of officers or em- ployees 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 sub- division or inhabitant of a foreign country, in- cluding property bailed to the United States; or (3) personal injury to, or death of, any inhab- itant of a foreign country; if the damage, loss, personal injury, or death oc- curs outside the United States, or the Common- wealths 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 em- ployee 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 sec- tion, ‘‘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 an- other armed force only with the consent of the Page 2192 TITLE 10—ARMED FORCES § 2734 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 com- mander 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 com- bat, except that a claim may be allowed if it arises from an accident or malfunction inci- dent 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 sub- section (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 sec- tion, the Secretary may pay the claimant $100,000 and report any meritorious amount in excess of $100,000 to the Secretary of the Treas- ury for payment under section 1304 of title 31. (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 con- cerned, a claim arising in that department and covered by subsection (a) may be settled and paid by a commission appointed under sub- section (a) and composed of officers of an armed force under the jurisdiction of another depart- ment. (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 ex- penses of the Coast Guard. (h) The Secretary of Defense may designate any claims commission appointed under sub- section (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 sec- tion 2732 of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 154; Pub. L. 85–861, § 1(55), Sept. 2, 1958, 72 Stat. 1461; Pub. L. 86–223, § 1(1), Sept. 1, 1959, 73 Stat. 453; Pub. L. 86–411, Apr. 8, 1960, 74 Stat. 16; Pub. L. 90–521, §§ 1, 3, Sept. 26, 1968, 82 Stat. 874; Pub. L. 91–312, § 1, July 8, 1970, 84 Stat. 412; Pub. L. 93–336, § 2, July 8, 1974, 88 Stat. 292; Pub. L. 96–513, title V, § 511(95), Dec. 12, 1980, 94 Stat. 2928; Pub. L. 98–564, § 2, Oct. 30, 1984, 98 Stat. 2918; Pub. L. 101–510, div. A, title XIV, § 1481(j)(4)(A), Nov. 5, 1990, 104 Stat. 1709; Pub. L. 104–316, title II, § 202(e), Oct. 19, 1996, 110 Stat. 3842; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109–163, div. A, title X, § 1057(a)(5), Jan. 6, 2006, 119 Stat. 3440.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 2734(a) ..... 2734(b) ..... 2734(c) ..... 31:224d (less 98th through 109th words and pro- visos). 31:224d (1st and 3d pro- visos). 31:224d (2d proviso, less words after semicolon). Jan. 2, 1942, ch. 645, §§ 1 (less last proviso), 6, 7, 55 Stat. 880; restated Apr. 22, 1943, ch. 67, §§ 1 (less last proviso), 6, 7, 57 Stat. 66, 67. 2734(d) ..... 31:224d (words of 2d pro- viso after semicolon). 2734(e) ..... 31:224d (98th through 109th words). 2734(f) ..... 31:224i. 2734(g) ..... 31:224h. In subsection (a), the words ‘‘for such purposes’’, ‘‘or destruction’’, ‘‘public’’, ‘‘private’’, ‘‘Army * * * forces’’, and ‘‘whether under a lease, express or implied’’ are omitted as surplusage. The words ‘‘armed forces under his jurisdiction’’ are substituted for the words ‘‘Army, Air Force, Navy, or Marine Corps’’. The same words are substituted for the words ‘‘Army, Air Force, Navy, or Marine Corps forces’’ to reflect the opinion of the Judge Advocate General of the Army (JAGD/D–55–51000, 17 Jan. 55). 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 ‘‘a member thereof, or by a civilian employee of the department concerned’’ are substituted for the words ‘‘or individual members thereof, including military personnel and ci- vilian employees’’. The last sentence is substituted for the words ‘‘including places located therein which are under the temporary or permanent jurisdiction of the United States’’. In subsection (a)(2), the words ‘‘United States’’ are substituted for the word ‘‘Government’’. In subsection (b), the word ‘‘accident’’ is omitted as surplusage. The words ‘‘except that claims arising out of accidents or incidents occurring after December 6, 1941, but prior to May 1, 1943, may be presented at any time prior to May 1, 1944’’ are omitted as executed. Clauses (2) and (3) are substituted for 31:224d (3d pro- viso). In subsection (c), the first 28 words of the second pro- viso of 31:224d and the words ‘‘but does not exceed $5,000’’ are omitted as covered by subsection (a). The words ‘‘commanding officer or other’’ are omitted as surplusage. The word ‘‘commissioned’’ is inserted for clarity. The word ‘‘designated’’ is substituted for the words ‘‘may prescribe’’. In subsection (d), the word ‘‘may’’ is substituted for the words ‘‘shall have authority, if he deems’’. The words ‘‘that would otherwise be covered by this sec- tion’’ are inserted for clarity. The words ‘‘to be meri- torious’’ and ‘‘character of such’’ are omitted as sur- plusage. In subsection (f), the words ‘‘a military department’’ are substituted for the words ‘‘service concerned’’ after the words ‘‘the request of the’’. The words ‘‘or Commis- sions’’ and ‘‘even though not’’ are omitted as surplus- age. The words ‘‘an armed force under the jurisdiction of another military department’’ are substituted for the words ‘‘service concerned’’ after the words ‘‘officers of the’’. 31:224i (last 19 words) is omitted, since all claims are paid from one appropriation made to the De- partment of Defense. 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. 98–564, § 2(3), substituted provi- sions whereby the Secretary may appoint officers and employees to act as approval authority for claims in excess of $10,000 for provisions which provided that al- lowance of a claim for more than $2,500 may be subject to the approval of any commissioned officer designated by the Secretary concerned. Subsec. (d). Pub. L. 98–564, § 2(4), substituted provi- sions providing that if the Secretary considers a claim in excess of $100,000 meritorious, the Secretary may pay $100,000 and report any excess amount to the Comp- troller General for provisions which provided that for claims in excess of $25,000 the Secretary may pay $25,000 and certify any excess to Congress as a legal claim to be paid from appropriations. 1980—Subsec. (g). Pub. L. 96–513 substituted ‘‘Depart- ment of Transportation’’ for ‘‘Department of the Treas- ury’’. 1974—Subsec. (a). Pub. L. 93–336 substituted ‘‘$25,000’’ for ‘‘$15,000’’. Subsec. (d). Pub. L. 93–336 substituted ‘‘$25,000’’ for ‘‘$15,000’’ in two places. 1970—Subsec. (d). Pub. L. 91–312 authorized the Sec- retary to pay, without certification to Congress, up to $15,000 towards the settlement of meritorious claims in excess of $15,000. Subsec. (e). Pub. L. 91–312 excepted claims under sub- sec. (d) from requirement that all claims paid be ac- cepted by the claimant in full satisfaction, and struck out provision limiting the application of such require- ment to claims payable under subsec. (a) of this sec- tion. 1968—Subsec. (a). Pub. L. 90–521, § 1, struck out ‘‘under his jurisdiction’’ after ‘‘armed forces’’ in text preceding cl. (1) and permitted an officer to serve on a claims commission under the jurisdiction of another armed force only with the consent of the Secretary of his de- partment, or his designee, but required him to perform his duties under regulations of the department appoint- ing the commission, respectively. Subsec. (b)(3). Pub. L. 90–521, § 3, provided for allow- ance of claim if it arises from an accident or malfunc- tion incident to the operation of an aircraft of the armed forces of the United States, including the air- borne ordnance, indirectly related to combat, and oc- curring while preparing for, going to, or returning from a combat mission. 1960—Subsec. (b). Pub. L. 86–411 substituted ‘‘two years’’ for ‘‘one year’’ in cl. (1). 1959—Pub. L. 86–223, § 1(1)(A), substituted ‘‘the armed forces’’ for ‘‘Department of Army, Navy, or Air Force’’ in section catchline. Subsec. (a). Pub. L. 86–223, § 1(1)(B), substituted ‘‘con- cerned’’ and ‘‘the military department concerned or the Coast Guard, as the case may be’’ for ‘‘of a military de- partment’’ and ‘‘the department concerned’’, respec- tively. Subsecs. (c), (d). Pub. L. 86–223, § 1(1)(C), struck out ‘‘of the military department’’ after ‘‘Secretary’’. Subsec. (f). Pub. L. 86–223, § 1(1)(D), substituted ‘‘the department concerned’’ for ‘‘a military department’’ and deleted ‘‘military’’ after ‘‘another’’. Subsec. (g). Pub. L. 86–223, § 1(1)(E), substituted provi- sion for payment of claims against the Coast Guard arising while it is operating as a service in the Depart- ment of the Treasury out of the appropriation for the operating expenses of the Coast Guard for provisions excluding such claims unless they arise, are settled and paid while the Coast Guard is operating as a service of the Navy and authorizing Coast Guard officers to serve on claims commissions or to approve settlements, only for claims against the Coast Guard. 1958—Subsec. (a). Pub. L. 85–861, § 1(55)(A)–(D), struck out ‘‘arising in foreign countries’’ after ‘‘meritorious claims’’, and substituted ‘‘$15,000’’ for ‘‘$5,000’’, ‘‘outside the United States, or the Territories, Commonwealths, or possessions,’’ for ‘‘in that country’’, and ‘‘a foreign country’’ for ‘‘that country’’ in cls. (1) and (2). Subsec. (d). Pub. L. 85–861, § 1(55)(A), substituted ‘‘$15,000’’ for ‘‘$5,000’’. Subsec. (f). Pub. L. 85–861, § 1(55)(E), substituted ‘‘Upon’’ for ‘‘In time of war and upon’’. Subsec. (h). Pub. L. 85–861, § 1(55)(F), added subsec. (h). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. § 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 aris- ing 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 caus- ing damage in the territory of such party, the