
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2734]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                      CHAPTER 163--MILITARY CLAIMS
 
Sec. 2734. Property loss; personal injury or death: incident to 
        noncombat activities of the armed forces; foreign countries
        
    (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 Territories, 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.
    (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 Transportation 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 154; Pub. L. 85-861, Sec. 1(55), 
Sept. 2, 1958, 72 Stat. 1461; Pub. L. 86-223, Sec. 1(1), Sept. 1, 1959, 
73 Stat. 453; Pub. L. 86-411, Apr. 8, 1960, 74 Stat. 16; Pub. L. 90-521, 
Secs. 1, 3, Sept. 26, 1968, 82 Stat. 874; Pub. L. 91-312, Sec. 1, July 
8, 1970, 84 Stat. 412; Pub. L. 93-336, Sec. 2, July 8, 1974, 88 Stat. 
292; Pub. L. 96-513, title V, Sec. 511(95), Dec. 12, 1980, 94 Stat. 
2928; Pub. L. 98-564, Sec. 2, Oct. 30, 1984, 98 Stat. 2918; Pub. L. 101-
510, div. A, title XIV, Sec. 1481(j)(4)(A), Nov. 5, 1990, 104 Stat. 
1709; Pub. L. 104-316, title II, Sec. 202(e), Oct. 19, 1996, 110 Stat. 
3842.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2734(a)...............................  31:224d (less 98th through 109th     Ja
n. 2, 1942, ch. 645, Secs.  1
                                         words and provisos).                 (
less last proviso), 6, 7, 55
                                        31:224d (1st and 3d provisos).        S
tat. 880; restated Apr. 22, 1943,
2734(b)...............................  31:224d (2d proviso, less words       c
h. 67, Secs.  1 (less last
                                         after semicolon).                    p
roviso), 6, 7, 57 Stat. 66, 67.
2734(c)...............................
2734(d)...............................  31:224d (words of 2d proviso 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 civilian 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 proviso).
    In subsection (c), the first 28 words of the second proviso 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 section'' are inserted for clarity. The words ``to be 
meritorious'' and ``character of such'' are omitted as surplusage.
    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 Commissions'' and ``even though not'' 
are omitted as surplusage. 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 Department of Defense.

                                                    1958 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2734(a)...............................  31:224d.                             Ju
ly 28, 1956, ch. 769, Sec.  1, 70
2734(d)...............................  31:224d.                              S
tat. 703.
2734(f)...............................  31:224i.
2734(h)...............................  31:224i-1.
-------------------------------------------------------------------------------
---------------------------------

    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 occurred 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 provided in this section'' are substituted for the words ``as 
described in section 224d of this title'' and 31:224i-1 (2d sentence).


                               Amendments

    1996--Subsec. (d). Pub. L. 104-316 substituted ``Secretary of the 
Treasury'' for ``Comptroller General''.
    1990--Subsec. (h). Pub. L. 101-510 substituted ``as provided 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, Sec. 2(1), substituted 
``$100,000'' for ``$25,000'' and inserted provisions whereby employees 
as well as officers of the Secretary may settle claims in text preceding 
par. (1).
    Pub. L. 98-564, Sec. 2(2), inserted ``or employee'' after ``An 
officer'' in last sentence.
    Subsec. (c). Pub. L. 98-564, Sec. 2(3), substituted provisions 
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 allowance 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, Sec. 2(4), substituted provisions 
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 Comptroller 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 ``Department of 
Transportation'' for ``Department of the Treasury''.
    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 Secretary 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 subsec. (d) from 
requirement that all claims paid be accepted by the claimant in full 
satisfaction, and struck out provision limiting the application of such 
requirement to claims payable under subsec. (a) of this section.
    1968--Subsec. (a). Pub. L. 90-521, Sec. 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 department, or his designee, but required him to 
perform his duties under regulations of the department appointing the 
commission, respectively.
    Subsec. (b)(3). Pub. L. 90-521, Sec. 3, provided for allowance of 
claim if it arises from an accident or malfunction incident to the 
operation of an aircraft of the armed forces of the United States, 
including the airborne ordnance, indirectly related to combat, and 
occurring 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, Sec. 1(1)(A), substituted ``the armed forces'' 
for ``Department of Army, Navy, or Air Force'' in section catchline.
    Subsec. (a). Pub. L. 86-223, Sec. 1(1)(B), substituted ``concerned'' 
and ``the military department concerned or the Coast Guard, as the case 
may be'' for ``of a military department'' and ``the department 
concerned'', respectively.
    Subsecs. (c), (d). Pub. L. 86-223, Sec. 1(1)(C), struck out ``of the 
military department'' after ``Secretary''.
    Subsec. (f). Pub. L. 86-223, Sec. 1(1)(D), substituted ``the 
department concerned'' for ``a military department'' and deleted 
``military'' after ``another''.
    Subsec. (g). Pub. L. 86-223, Sec. 1(1)(E), substituted provision for 
payment of claims against the Coast Guard arising while it is operating 
as a service in the Department 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, Sec. 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, Sec. 1(55)(A), substituted ``$15,000'' 
for ``$5,000''.
    Subsec. (f). Pub. L. 85-861, Sec. 1(55)(E), substituted ``Upon'' for 
``In time of war and upon''.
    Subsec. (h). Pub. L. 85-861, Sec. 1(55)(F), added subsec. (h).


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2733, 2735, 2736 of this 
title; title 31 section 1304; title 32 section 715; title 36 section 
2110.
