§ 2734a. Property loss; personal injury or death: incident to noncombat activities of armed forces in foreign countries; international agreements

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(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 Homeland Security 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 Homeland Security 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 Homeland Security 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 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.)

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.

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Cited by 34 sections · top 17

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statutes-at-large

Public Law 98–525
To authorize appropriations for military functions of the Department of Defense and to prescribe military personnel levels for the Department of Defense for fiscal year 1985, to revise and improve defense procurement, compensation, and management programs, to establish new defense educational assist

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U.S. Code

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Pub. L. 87–651, title I, § 113(a)
76 Stat. 512
Pub. L. 90–521, § 4
82 Stat. 874
Pub. L. 94–390, § 1(1)
90 Stat. 1191
Pub. L. 98–525, title XIV, § 1405(42)(A)
98 Stat. 2625
Pub. L. 101–510, div. A, title XIV, § 1481(j)(4)(B)
104 Stat. 1709
Pub. L. 107–296, title XVII, § 1704(b)(1)
116 Stat. 2314
Pub. L. 107–296
Pub. L. 101–510, § 1481(j)(4)(B)(i)
Pub. L. 101–510, § 1481(j)(4)(B)(ii)
Pub. L. 98–525
Pub. L. 94–390
Pub. L. 90–521, § 4(a)
Pub. L. 90–521, § 4(b)
section 1704(g) of Pub. L. 107–296

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cites case law

§ 2734a

Property loss; personal injury or death: incident to noncombat activities of armed forces in foreign countries; international agreements

Fed. Reg.×19

C.F.R.×14

Stat.×1

U.S.C.§ 2732

U.S.C.§ 101

Pub. L.Pub. L. 87–651, title I, § 113(a)

Stat.76 Stat. 512

Pub. L.Pub. L. 90–521, § 4

Stat.82 Stat. 874

Pub. L.Pub. L. 94–390, § 1(1)

Cites 22 · showing 7Cited by 34 across 3 sources