
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2734b]

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

(Added Pub. L. 87-651, title I, Sec. 113(a), Sept. 7, 1962, 76 Stat. 
512; amended Pub. L. 94-390, Sec. 1(2), Aug. 19, 1976, 90 Stat. 1191; 
Pub. L. 101-510, div. A, title XIV, Sec. 1481(j)(4)(C), Nov. 5, 1990, 
104 Stat. 1709.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2734b(a)..............................  31:224i-3.                           Au
g. 31, 1954, ch. 1152, Secs.  1
2734b(b)..............................  31:224i-4.                            (
proviso, less applicability to
2734b(c)..............................  31:224i-2 (proviso, less              S
ec.  1), 2, 3, 4 (less
                                         applicability to 31:224i-2).         a
pplicability to Sec.  1), 68
                                        31:224i-5 (less applicability to      S
tat. 1006, 1007.
2734b(d)..............................   31:224i-2).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the following omissions as surplusage are made: 
``the terms of'' and ``now or may hereafter be''. The following 
substitutions are made: ``country'' for ``government''; ``in the United 
States, or a Territory, Commonwealth, or possession'' for ``within the 
territory of the United States''; ``under'' for ``in accordance with''; 
``upon which they are based were the acts or omissions of'' for ``were 
performed''.
    In subsection (b), the following substitutions are made: ``under 
this section'' for ``asserted under section 224i-3 of this title''; 
``the dispute'' for ``such disputed question or questions''; ``under'' 
for ``in accordance with the terms of''; and the last sentence for the 
last sentence of 31:224i-4. The following omissions as surplusage are 
made: ``of a civilian employee or military personnel of a foreign 
country'' and ``of the armed forces for such party''.
    In subsection (c), the word ``act'' is substituted for the word 
``action''.
    In subsection (d), the words ``under this section'' are substituted 
for the words ``by the United States with respect to a settlement, 
award, or compromise made pursuant to section 224i-2 to 224i-5 of this 
title''. The words ``which appropriations are authorized'' are omitted 
as unnecessary.


                               Amendments

    1990--Subsec. (d). Pub. L. 101-510 substituted ``as provided in 
section 2732 of this title'' for ``for that purpose''.
    1976--Subsec. (a). Pub. L. 94-390 substituted provisions authorizing 
claims, for which another armed force is legally responsible under 
applicable United States law, to be prosecuted against the United States 
or settled by the United States in accordance with an international 
agreement providing for the settlement or adjudication by the United 
States under its laws and regulations as if the acts or omissions upon 
which the claims are based were of a member or a civilian employee of an 
armed force of the United States, for provisions authorizing claims to 
be prosecuted against the United States or settled by the United States 
by adjudication by the United States under its laws and regulations as 
if the acts or omissions upon which the claims are based were the acts 
or omissions in the performance of official duty of a civilian employee 
or a member of an armed force.

                  Section Referred to in Other Sections

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