
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: 10USC2734a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                      CHAPTER 163--MILITARY CLAIMS
 
Sec. 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 arising 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 causing damage in the territory of such 
party, the Secretary of Defense or the Secretary of Transportation or 
their designees may--
        (1) reimburse the party to the agreement for the agreed pro rata 
    share of amounts, including 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 indirectly, 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 Defense out of appropriations as provided in section 
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 
Transportation shall be made out of the appropriations for the operating 
expenses of the Coast Guard. The appropriations referred to in this 
subsection may be used to buy foreign currencies required for the 
reimbursement or payment.
    (d) Upon the request of the Secretary of Transportation or his 
designee, any payments made relating to claims arising from the 
activities of the Coast Guard and covered by subsection (a) may be 
reimbursed or paid to the foreign country concerned by the authorized 
representative of the Department of Defense out of appropriations as 
provided in section 2732 of this title, subject to reimbursement from 
the Department of Transportation.

(Added Pub. L. 87-651, title I, Sec. 113(a), Sept. 7, 1962, 76 Stat. 
512; amended Pub. L. 90-521, Sec. 4, Sept. 26, 1968, 82 Stat. 874; Pub. 
L. 94-390, Sec. 1(1), Aug. 19, 1976, 90 Stat. 1191; Pub. L. 98-525, 
title XIV, Sec. 1405(42)(A), Oct. 19, 1984, 98 Stat. 2625; Pub. L. 101-
510, div. A, title XIV, Sec. 1481(j)(4)(B), Nov. 5, 1990, 104 Stat. 
1709.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2734a(a)..............................  31:224i-2 (less proviso).            Au
g. 31, 1954, ch. 1152, Secs.  1
2734a(b)..............................  31:224i-2 (proviso, as applicable     (
less proviso, as applicable to
                                         to 31:224i-2).                       S
ec.  2), 4 (as applicable to Sec.
2734a(c)..............................  31:224i-5 (as applicable to 31-224i-   
1), 68 Stat. 1006, 1007.
                                         2).
-------------------------------------------------------------------------------
---------------------------------

    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 respect to a settlement, award, or compromise 
made pursuant to sections 224i-2 to 224i-5 of this title''; ``to buy'' 
for ``for the purchase of''; and ``needed'' for ``necessary''. The words 
``which appropriations are authorized'' are omitted as unnecessary.


                               Amendments

    1990--Subsec. (c). Pub. L. 101-510, Sec. 1481(j)(4)(B)(i), 
substituted ``as provided in section 2732 of this title'' for ``for that 
purpose''.
    Subsec. (d). Pub. L. 101-510, Sec. 1481(j)(4)(B)(ii), substituted 
``appropriations as provided in section 2732 of this title'' for ``the 
appropriation for claims of the Department of Defense''.
    1984--Pub. L. 98-525 substituted ``in foreign countries'' for ``; 
foreign coun-countries'' in section catchline.
    1976--Subsec. (a). Pub. L. 94-390 substituted provisions authorizing 
the Secretary of Defense or the Secretary 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 sharing 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 international 
agreements to which the United States is a party and providing for 
adjudication by the other country under its laws and regulations.
    1968--Subsec. (c). Pub. L. 90-521, Sec. 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 expenses of the Coast Guard.
    Subsec. (d). Pub. L. 90-521, Sec. 4(b), added subsec. (d).

                  Section Referred to in Other Sections

    This section is referred to in section 2735 of this title.
