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. 98–564, § 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 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, title I, § 113(a), Sept. 7, 1962, 76 Stat. 512; amended Pub. L. 90–521, § 4, Sept. 26, 1968, 82 Stat. 874; Pub. L. 94–390, § 1(1), Aug. 19, 1976, 90 Stat. 1191; Pub. L. 98–525, title XIV, § 1405(42)(A), Oct. 19, 1984, 98 Stat. 2625; Pub. L. 101–510, div. A, title XIV, § 1481(j)(4)(B), Nov. 5, 1990, 104 Stat. 1709; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2734a(a) ... 2734a(b) ... 2734a(c) ... 31:224i–2 (less proviso). 31:224i–2 (proviso, as ap- plicable to 31:224i–2). 31:224i–5 (as applicable to 31–224i–2). Aug. 31, 1954, ch. 1152, §§ 1 (less proviso, as appli- cable to § 2), 4 (as appli- cable to § 1), 68 Stat. 1006, 1007. In subsection (a), the following substitutions are made: ‘‘Under’’ for ‘‘Pursuant to the terms’’; ‘‘country’’ for ‘‘government’’; ‘‘under its laws and regulations’’ for ‘‘in accordance with the laws and regulations of such foreign government’’; ‘‘may’’ for ‘‘is authorized’’; ‘‘amounts’’ for ‘‘sums’’; and ‘‘spent’’ for ‘‘expended’’. The words ‘‘now or may hereafter be’’ are omitted as surplusage. In subsection (b), the following substitutions are made: ‘‘act’’ for ‘‘action’’ and ‘‘may’’ for ‘‘shall’’. In subsection (c), the words ‘‘pro rata’’ are omitted as surplusage. The following substitutions are made: ‘‘under this section’’ for ‘‘by the United States with re- spect to a settlement, award, or compromise made pur- suant to sections 224i–2 to 224i–5 of this title’’; ‘‘to buy’’ for ‘‘for the purchase of’’; and ‘‘needed’’ for ‘‘nec- essary’’. The words ‘‘which appropriations are author- ized’’ are omitted as unnecessary. Editorial Notes AMENDMENTS 2002—Subsecs. (a), (c), (d). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’ wher- ever appearing. 1990—Subsec. (c). Pub. L. 101–510, § 1481(j)(4)(B)(i), sub- stituted ‘‘as provided in section 2732 of this title’’ for ‘‘for that purpose’’. Subsec. (d). Pub. L. 101–510, § 1481(j)(4)(B)(ii), sub- stituted ‘‘appropriations as provided in section 2732 of this title’’ for ‘‘the appropriation for claims of the De- partment of Defense’’. 1984—Pub. L. 98–525 substituted ‘‘in foreign coun- tries’’ for ‘‘; foreign countries’’ in section catchline. 1976—Subsec. (a). Pub. L. 94–390 substituted provi- sions authorizing the Secretary of Defense or the Sec- retary of Transportation to reimburse or pay, including arbitration costs, claims arising under international agreements to which the United States is a party and providing for settlement or adjudication and cost shar- ing based on the responsibility of the United States under the law of the other party to the international agreement, for provisions authorizing the Secretary of Defense to reimburse or pay claims arising under inter- national agreements to which the United States is a party and providing for adjudication by the other coun- try under its laws and regulations. 1968—Subsec. (c). Pub. L. 90–521, § 4(a), provided for payment of claims against the Coast Guard arising while it is operating as a service of the Department of Transportation out of appropriations for operating ex- penses of the Coast Guard. Subsec. (d). Pub. L. 90–521, § 4(b), added subsec. (d). 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. § 2734b. Property loss; personal injury or death: incident to activities of armed forces of for- eign countries in United States; international agreements (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 ci- vilian employee of an armed force of that party done in the performance of official duty, or aris- ing 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 ac- cordance 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 em- ployee 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 perform- ance of official duty, or whether the use of a ve-