---
kind: "range"
citation: "10 U.S.C. §§ 2734a–2734b"
title: "10"
from: "2734a"
to: "2734b"
count: 2
release: "119-102"
url: "https://uscodex.org/usc/10/2734a..2734b"
---

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

- (a) When the [United States](/usc/10/101.md?p=a-1) is a party to an international agreement which provides for the settlement or adjudication and cost sharing of claims against the [United States](/usc/10/101.md?p=a-1) arising out of the acts or omissions of a [member](/usc/10/1408.md?p=a-5) or civilian employee of an armed force of the [United States](/usc/10/101.md?p=a-1) 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](/usc/10/101.md?p=a-1) 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](/usc/10/101.md?p=a-15) 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](/usc/10/101.md?p=a-1) or arising, directly or indirectly, from an act of the [armed forces](/usc/10/101.md?p=a-4), or a [member](/usc/10/1408.md?p=a-5) 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](/usc/10/2732.md) except that payment of claims against the Coast Guard arising while it is operating as a service of the [Department](/usc/10/101.md?p=a-6) 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)](#a) may be reimbursed or paid to the foreign country concerned by the authorized representative of the [Department](/usc/10/101.md?p=a-6) of Defense out of appropriations as provided in [section 2732 of this title](/usc/10/2732.md), subject to reimbursement from the [Department](/usc/10/101.md?p=a-6) of Homeland Security.

# §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](/usc/10/101.md?p=a-1) is a party to an international agreement which provides for the settlement or adjudication by the [United States](/usc/10/101.md?p=a-1) 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](/usc/10/1408.md?p=a-5) 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](/usc/10/101.md?p=a-1) law, and causing damage in the [United States](/usc/10/101.md?p=a-1), or a territory, Commonwealth, or possession thereof; those claims may be prosecuted against the [United States](/usc/10/101.md?p=a-1), or settled by the [United States](/usc/10/101.md?p=a-1), in accordance with the agreement, as if the acts or omissions upon which they are based were the acts or omissions of a [member](/usc/10/1408.md?p=a-5) or a civilian employee of an armed force of the [United States](/usc/10/101.md?p=a-1).
- (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](/usc/10/101.md?p=a-4) 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](/usc/10/101.md?p=a-15) that part of the cost of obtaining such a decision that is chargeable to the [United States](/usc/10/101.md?p=a-1) under that agreement.
- (c) A claim arising out of an act of an enemy of the [United States](/usc/10/101.md?p=a-1) 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](/usc/10/2732.md).