-CITE-

10 USC CHAPTER 163 - MILITARY CLAIMS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 163 - MILITARY CLAIMS

.

-HEAD-

CHAPTER 163 - MILITARY CLAIMS

-MISC1-

Sec.

2731. Definition.

2732. Payment of claims: availability of appropriations.

2733. Property loss; personal injury or death: incident to

noncombat activities of Department of Army, Navy, or Air Force.

2734. Property loss; personal injury or death: incident to

noncombat activities of the armed forces; foreign countries.

2734a. Property loss; personal injury or death: incident to

noncombat activities of armed forces in foreign countries;

international agreements.

2734b. Property loss; personal injury or death: incident to

activities of armed forces of foreign countries in United States;

international agreements.

2735. Settlement: final and conclusive.

2736. Property loss; personal injury or death: advance payment.

2737. Property loss; personal injury or death: incident to use of

property of the United States and not cognizable under other law.

2738. Property loss: reimbursement of members for certain losses of

household effects caused by hostile action.

2739. Amounts recovered from third parties for loss or damage to

personal property shipped or stored at Government expense:

crediting to appropriations.

AMENDMENTS

1998 - Pub. L. 105-261, div. A, title X, Sec. 1010(a)(2), Oct.

17, 1998, 112 Stat. 2117, added item 2739.

1994 - Pub. L. 103-337, div. A, title V, Sec. 557(b), Oct. 5,

1994, 108 Stat. 2776, added item 2738.

1990 - Pub. L. 101-510, div. A, title XIV, Sec. 1481(j)(2), Nov.

5, 1990, 104 Stat. 1708, added item 2732.

1984 - Pub. L. 98-525, title XIV, Sec. 1405(42)(B), Oct. 19,

1984, 98 Stat. 2625, substituted ''in foreign countries'' for '':

foreign countries'' in item 2734a.

1968 - Pub. L. 90-521, Sec. 2, Sept. 26, 1968, 82 Stat. 874,

substituted ''advance payment'' for ''incident to aircraft or

missile operation'' in item 2736.

1966 - Pub. L. 89-718, Sec. 21(b), Nov. 2, 1966, 80 Stat. 1118,

substituted ''2737'' for ''2736'' as item number for ''Property

loss; personal injury or death: incident to use of property of the

United States and not cognizable under other law''.

1964 - Pub. L. 88-558, Sec. 5(2), Aug. 31, 1964, 78 Stat. 768,

struck out item 2732 ''Property loss: incident to service; members

of Army, Navy, Air Force, or Marine Corps and civilian employees'',

effective two years after Aug. 31, 1964. Pub. L. 88-558, was itself

repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.

1068.

1962 - Pub. L. 87-769, Sec. 1(1)(B), Oct. 9, 1962, 76 Stat. 768,

added item 2736 ''Property loss; personal injury or death: incident

to use of property of the United States and not cognizable under

other law''.

Pub. L. 87-651, title I, Sec. 113(b), Sept. 7, 1962, 76 Stat.

513, added items 2734a and 2734b.

1961 - Pub. L. 87-212, Sec. 1(2), Sept. 8, 1961, 75 Stat. 488,

added item 2736 ''Property loss; personal injury or death: incident

to aircraft or missile operation''.

1959 - Pub. L. 86-223, Sec. 1(2), Sept. 1, 1959, 73 Stat. 454,

substituted ''armed forces'' for ''Department of Army, Navy, or Air

Force'' in item 2734.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 section 213a.

-CITE-

10 USC Sec. 2731 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 163 - MILITARY CLAIMS

-HEAD-

Sec. 2731. Definition

-STATUTE-

In this chapter, ''settle'' means consider, ascertain, adjust,

determine, and dispose of a claim, whether by full or partial

allowance or by disallowance.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 152.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2731 (No source). (No source).

-------------------------------

The revised section is inserted for clarity and is based on usage

in the source laws for this revised chapter.

REPORT ON DEPARTMENT POLICY ON PAYMENT OF CLAIMS FOR LOSS OF

PERSONAL PROPERTY

Pub. L. 105-85, div. A, title X, Sec. 1013(b), Nov. 18, 1997,

111 Stat. 1874, provided that: ''The Secretary of Defense shall

submit to Congress a report describing the Department of Defense

policy regarding the payment of a claim by a member of the Armed

Forces who is not assigned to quarters of the United States for

losses and damage to personal property of the member incurred at

the member's residence as a result of a natural disaster. The

report shall include a description of the number of such claims

received over the past 10 years, the number of claims paid, and the

number of claims rejected. If the Secretary determines the

Department of Defense should modify its policy in order to accept

additional claims by members who are not assigned to quarters of

the United States for losses and damage to personal property, the

Secretary shall also include in the report any legislative changes

that the Secretary considers necessary to enable the Secretary to

implement the policy change.''

PUBLIC HEALTH SERVICE

Authority vested by this chapter in ''military departments'',

''the Secretary concerned'', or ''the Secretary of Defense'' to be

exercised, with respect to commissioned officers of Public Health

Service, by Secretary of Health and Human Services or his designee,

see section 213a of Title 42, The Public Health and Welfare.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Authority vested by sections 2731, 2732, and 2735 of this title

in ''military departments'', ''the Secretary concerned'', or ''the

Secretary of Defense'' to be exercised, with respect to

commissioned officer corps of National Oceanic and Atmospheric

Administration, by Secretary of Commerce or his designee, see

section 3071 of Title 33, Navigation and Navigable Waters.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 33 section 3071.

-CITE-

10 USC Sec. 2732 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 163 - MILITARY CLAIMS

-HEAD-

Sec. 2732. Payment of claims: availability of appropriations

-STATUTE-

Appropriations available to the Department of Defense for

operation and maintenance may be used for payment of claims

authorized by law to be paid by the Department of Defense (except

for civil functions), including -

(1) claims for damages arising under training contracts with

carriers; and

(2) repayment of amounts determined by the Secretary concerned

to have been erroneously collected -

(A) from military and civilian personnel of the Department of

Defense; or

(B) from States or territories or the District of Columbia

(or members of the National Guard units thereof).

-SOURCE-

(Added Pub. L. 101-510, div. A, title XIV, Sec. 1481(j)(1), Nov.

5, 1990, 104 Stat. 1708.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

Pub. L. 100-463, title VIII, Sec. 8098, Oct. 1, 1988, 102 Stat.

2270-35, which was set out as a note under section 2241 of this

title, prior to repeal by Pub. L. 101-510, Sec. 1481(j)(3).

A prior section 2732, acts Aug. 10, 1956, ch. 1041, 70A Stat.

152; Sept. 2, 1958, Pub. L. 85-861, Sec. 1(53), 33(a)(16), 72 Stat.

1461, 1565; Sept. 15, 1965, Pub. L. 89-185, Sec. 1, 79 Stat. 789,

related to settlement of property loss incident to service, prior

to repeal by Pub. L. 88-558, Sec. 5(3), Aug. 31, 1964, 78 Stat.

768, effective two years from Aug. 31, 1964. See section 3701 et

seq. of Title 31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2734, 2734a, 2734b of

this title.

-CITE-

10 USC Sec. 2733 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 163 - MILITARY CLAIMS

-HEAD-

Sec. 2733. Property loss; personal injury or death: incident to

noncombat activities of Department of Army, Navy, or Air Force

-STATUTE-

(a) Under such regulations as the Secretary concerned may

prescribe, he, or, subject to appeal to him, the Judge Advocate

General of an armed force under his jurisdiction, or the chief

Counsel of the Coast Guard, as appropriate, if designated by him,

may 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, including damage or

loss incident to use and occupancy;

(2) damage to or loss of personal property, including property

bailed to the United States and including registered or insured

mail damaged, lost, or destroyed by a criminal act while in the

possession of the Army, Navy, Air Force, Marine Corps, or Coast

Guard, as the case may be; or

(3) personal injury or death;

either caused by a civilian officer or employee of that department,

or the Coast Guard, or a member of the Army, Navy, Air Force,

Marine Corps, or Coast Guard, as the case may be, acting within the

scope of his employment, or otherwise incident to noncombat

activities of that department, or the Coast Guard.

(b) A claim may be allowed under subsection (a) only if -

(1) it is presented in writing within two years after it

accrues, except that if the claim accrues in time of war or armed

conflict or if such a war or armed conflict intervenes within two

years after it accrues, and if good cause is shown, the claim may

be presented not later than two years after the war or armed

conflict is terminated;

(2) it is not covered by section 2734 of this title or section

2672 of title 28;

(3) it is not for personal injury or death of such a member or

civilian officer or employee whose injury or death is incident to

his service;

(4) the damage to, or loss of, property, or the personal injury

or death, was not caused wholly or partly by a negligent or

wrongful act of the claimant, his agent, or his employee; or, if

so caused, allowed only to the extent that the law of the place

where the act or omission complained of occurred would permit

recovery from a private individual under like circumstances; and

(5) it is substantiated as prescribed in regulations of the

Secretary concerned.

For the purposes of clause (1), the dates of the beginning and

ending of an armed conflict are the dates established by concurrent

resolution of Congress or by a determination of the President.

(c) Payment may not be made under this section for reimbursement

for medical, hospital, or burial services furnished at the expense

of the United States.

(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) For the purposes of this section, a member of the National

Oceanic and Atmospheric Administration or of the Public Health

Service who is serving with the Navy or Marine Corps shall be

treated as if he were a member of that armed force.

(g) Under regulations prescribed by the Secretary concerned, an

officer or employee under the jurisdiction of the Secretary may

settle a claim that otherwise would be payable under this section

in an amount not to exceed $25,000. A decision of the officer or

employee who makes a final settlement decision under this section

may be appealed by the claimant to the Secretary concerned or an

officer or employee designated by the Secretary for that purpose.

(h) Under such regulations as the Secretary of Defense may

prescribe, he or his designee has the same authority as the

Secretary of a military department under this section with respect

to the settlement of claims based on damage, loss, personal injury,

or death caused by a civilian officer or employee of the Department

of Defense acting within the scope of his employment or otherwise

incident to noncombat activities of that department.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 153; Pub. L. 85-729, Sec. 1,

Aug. 23, 1958, 72 Stat. 813; Pub. L. 85-861, Sec. 1(54), Sept. 2,

1958, 72 Stat. 1461; Pub. L. 89-718, Sec. 8(a), Nov. 2, 1966, 80

Stat. 1117; Pub. L. 90-522, Sept. 26, 1968, 82 Stat. 875; Pub. L.

90-525, Sec. 1, 3-5, Sept. 26, 1968, 82 Stat. 877, 878; Pub. L.

91-312, Sec. 2, July 8, 1970, 84 Stat. 412; Pub. L. 93-336, Sec. 1,

July 8, 1974, 88 Stat. 291; Pub. L. 96-513, title V, Sec. 511(94),

Dec. 12, 1980, 94 Stat. 2928; Pub. L. 98-564, Sec. 1, Oct. 30,

1984, 98 Stat. 2918; Pub. L. 104-316, title II, Sec. 202(e), Oct.

19, 1996, 110 Stat. 3842.)

-MISC1-

Historical and Revision Notes

1956 Act

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2733(a) 2733(b) 31:223b (1st July 3, 1943, ch.

2733(c) sentence, less 52d 189, Sec. 1 (less

2733(d) 2733(e) through 62d, and 4th sentence), 57

2733(f) 76th through 93d, Stat. 372; May 29,

words; and less 1945, ch. 135, Sec.

proviso). 4, 59 Stat. 225;

(Uncodified: Aug. June 28, 1946, ch.

2, 1946, ch. 753, 514, Sec. 1, 60

Sec. 424(a) (4th Stat. 332; July 3,

clause), 60 Stat. 1952, ch. 570, Sec.

847). 31:223b (76th 2(c), 66 Stat. 334;

through 93d words Mar. 31, 1953, ch.

and proviso of 1st 13 (as applicable

sentence; and 2d to Act of July 3,

sentence). 31:223b 1952, ch. 570, Sec.

(3d sentence). 2(c)), 67 Stat. 18;

31:223b (last June 30, 1953, ch.

sentence). 31:223b 172 (as applicable

(52d through 62d to Act of July 3,

words of 1st 1952, ch. 570, Sec.

sentence). 31:222h. 2(c)), 67 Stat.

(31:223b is made 131. Aug. 2, 1946,

applicable to the ch. 753, Sec.

Navy by 31:223d and 424(a) (4th

223e). clause), 60 Stat.

847. Dec. 28, 1945,

ch. 597, Sec. 1, 59

Stat. 662; June 28,

1946, ch. 514, Sec.

2, 60 Stat. 333.

Dec. 28, 1945, ch.

597, Sec. 6; added

Mar. 20, 1946, ch.

104 (last par.), 60

Stat. 56.

-------------------------------

In subsection (a), the words ''a civilian officer or employee of

that department, or a member of the Army, Navy, Air Force, or

Marine Corps, as the case may be'' are substituted for the words

''military personnel or civilian employees of the Department of the

Army or of the Army''. The words ''whether under a lease, express

or implied'' are omitted as surplusage. The words ''consider,

ascertain, adjust, determine'' are omitted as covered by the word

''settle'', as defined in section 2731 of this title. The words

''arising on or after May 27, 1941'' are omitted as executed,

since, under revised subsection (b), a claim must be filed within

one year after it accrues, or within one year after the war is

terminated, if it accrues in time of war.

In subsection (a)(1), the words ''or loss'' are inserted before

the word ''incident'', for clarity.

In subsection (b)(1), the words ''it accrues'' are substituted

for the words ''the accident or incident out of which such claim

arises shall have occurred'', in 31:223b. The words ''the claim

accrues'' are substituted for the words ''That if such accident or

incident occurs''. The words ''not later than'' are substituted

for the words ''within'' to make it clear that a claim may be

presented during a war. The words ''the war is terminated'' are

substituted for the words ''after peace is established'', since the

other time covered is ''time of war''. 31:223b (last 49 words of

proviso of 2d sentence) is omitted as executed.

In subsection (b)(2), the words ''or section 2672 of title 28''

are substituted for the words ''claims cognizable under part 2 of

this title'', to reflect the express amendment of 31:223b and 223c

by the fourth clause of section 424(a) of the Federal Tort Claims

Act, 60 Stat. 847. Section 424(a) of the Federal Tort Claims Act

referred to ''claims cognizable under part 2 of this title''. Part

2 of that act consisted of sections 403 and 404 which were repealed

by section 39 of the Act of June 25, 1948, ch. 646, 62 Stat. 1008,

and replaced by sections 2672 and 2673 of title 28. The words ''or

possessions thereof'' are omitted, since possessions of foreign

countries are not specifically covered by the section to which the

words refer.

In subsection (d), the words ''claim * * * that would otherwise

be covered by this section'' are substituted for the words ''such

claims''.

In subsection (e), the words ''and final settlement'' are omitted

as surplusage.

1958 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2733 31:223b. Mar. 29, 1956, ch.

103, Sec. 1-3, 70

Stat. 60, 61.

-------------------------------

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-316 substituted ''Secretary of

the Treasury'' for ''Comptroller General''.

1984 - Subsec. (a). Pub. L. 98-564, Sec. 1(1), substituted

''Chief Counsel'' for ''chief legal officer'' and ''$100,000'' for

''$25,000'' in provisions preceding par. (1).

Subsec. (d). Pub. L. 98-564, Sec. 1(2), amended subsec. (d)

generally, substituting ''$100,000'' for ''$25,000'' and provisions

requiring Secretary to report excess to the Comptroller General for

provisions requiring reporting to Congress.

Subsec. (g). Pub. L. 98-564, Sec. 1(3), substituted provisions

permitting officers and employees of Secretary concerned to settle

claims not otherwise payable under this section in amounts not to

exceed $25,000 and providing for an appeal to Secretary concerned

or his designee for provisions which provided for delegation of

claims settlement authority by Secretary for cases not to exceed

$5,000 and for appeal therefrom.

1980 - Subsec. (f). Pub. L. 96-513 substituted ''National Oceanic

and Atmospheric Administration'' for ''Environmental Science

Services Administration''.

1974 - Subsec. (a). Pub. L. 93-336, Sec. 1(1), substituted

''$25,000'' for ''$15,000''.

Subsec. (d). Pub. L. 93-336, Sec. 1(2), substituted ''$25,000''

for ''$15,000'' wherever appearing.

Subsec. (g). Pub. L. 93-336, Sec. 1(3), substituted ''$5,000''

for ''$2,500''.

1970 - Subsec. (a). Pub. L. 91-312, Sec. 2(a), substituted

''$15,000'' for ''$5,000''.

Subsec. (d). Pub. L. 91-312, Sec. 2(b), substituted ''$15,000''

for ''$5,000'' wherever appearing.

1968 - Subsec. (a). Pub. L. 90-525, Sec. 1, substituted

''Secretary concerned'' for ''Secretary of a military department'',

and authorized the Chief Legal Officer of the Coast Guard to settle

claims, settlement of claims for damage or loss to personal

property in possession of the Coast Guard, and settlements when the

torts are caused by civilian officers or employees and members of

the Coast Guard when acting within scope of employment or otherwise

incident to noncombat activities of the Coast Guard.

Subsec. (b)(4). Pub. L. 90-522, Sec. 1(1), authorized application

of local law in determining effect of claimant's contributory

negligence.

Subsec. (d). Pub. L. 90-525, Sec. 5, struck out ''of the military

department'' after ''Secretary''.

Subsec. (g). Pub. L. 90-525, Sec. 3, increased limitation on

amount of settlement from $1,000 to $2,500, struck out ''military''

before ''department concerned'', and provided for appeals to

Secretary concerned, or his designee, from determinations

delegating authority to settle claims to an officer of an armed

force. See Pub. L. 90-522, Sec. 1(2), hereunder, for identical

provision for appeals to Secretary concerned.

Pub. L. 90-522, Sec. 1(2), provided for appeals to Secretary

concerned, or his designee, from determinations delegating

authority to settle claims to an officer of an armed force.

Subsec. (h). Pub. L. 90-525, Sec. 4, added subsec. (h).

1966 - Subsec. (f). Pub. L. 89-718 substituted ''Environmental

Science Services Administration'' for ''Coast and Geodetic

Survey''.

1958 - Subsec. (a). Pub. L. 85-729, Sec. 1(1)(A), substituted

''the Judge Advocate General of an armed force under his

jurisdiction, if designated by him, may settle, and pay in an

amount not more than $5,000'' for ''any officer designated by him

may settle, and pay in an amount not more than $1,000''.

Subsec. (b). Pub. L. 85-861, Sec. 1(54)(A), (B), in cl. (1),

substituted ''two years'' for ''one year'' in three places and

included claims accruing in time of armed conflict, and inserted

sentence providing for the determination of dates of the beginning

and ending of an armed conflict.

Subsec. (c). Pub. L. 85-861, Sec. 1(54)(C), substituted

provisions prohibiting payment for reimbursement for medical,

hospital, or burial services furnished at the expense of the United

States for provisions which prohibited allowance of claims for

personal injury or death for more than the cost of reasonable

medical, hospital, and burial expenses actually incurred, and not

otherwise furnished or paid by the United States.

Subsec. (d). Pub. L. 85-729, Sec. 1(1)(B), substituted provisions

authorizing partial payments on claims over $5,000 for provisions

which authorized the Secretary of the military department concerned

to report a claim for more than $1,000 to Congress for its

consideration.

Subsec. (e). Pub. L. 85-729, Sec. 1(1)(B), substituted ''Except

as provided in subsection (d), no claim may be paid under this

section'' for ''No claim may be paid under subsection (a)''.

Subsec. (g). Pub. L. 85-729, Sec. 1(1)(C), added subsec. (g).

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 Amendment note under

section 101 of this title.

REPEALS

The directory language of, but not the amendment made by, Pub. L.

89-718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit

to this section, was repealed by Pub. L. 97-295, Sec. 6(b), Oct.

12, 1982, 96 Stat. 1314.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

For transfer of functions of Public Health Service, see note set

out under section 802 of this title.

-MISC5-

CLAIMS FOR INJURY OR DEATH ACCRUED BEFORE MARCH 30, 1956

Section 17 of Pub. L. 85-861 disallowed claims for personal

injury or death under section 2733 of this title, for more than the

cost of reasonable medical, hospital, and burial expenses actually

incurred if the claim accrued before March 30, 1956.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1588, 2735, 2736, 2738 of

this title; title 5 section 5564; title 14 sections 821, 823a;

title 31 section 1304; title 37 section 554.

-CITE-

10 USC Sec. 2734 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 163 - MILITARY CLAIMS

-HEAD-

Sec. 2734. Property loss; personal injury or death: incident to

noncombat activities of the armed forces; foreign countries

-STATUTE-

(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 Homeland Security 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.

-SOURCE-

(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, Sec. 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; Pub. L. 107-296,

title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2734(a) 2734(b) 31:224d (less 98th Jan. 2, 1942, ch.

2734(c) through 109th words 645, Sec. 1 (less

and provisos). last proviso), 6,

31:224d (1st and 3d 7, 55 Stat. 880;

provisos). 31:224d restated Apr. 22,

(2d proviso, less 1943, ch. 67, Sec.

words after 1 (less last

semicolon). proviso), 6, 7, 57

Stat. 66, 67.

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) 2734(d) 31:224d. 31:224d. July 28, 1956, ch.

2734(f) 2734(h) 31:224i. 31:224i-1. 769, Sec. 1, 70

Stat. 703.

-------------------------------

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

2002 - Subsec. (g). Pub. L. 107-296 substituted ''Department of

Homeland Security'' for ''Department of Transportation''.

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 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

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.

-SECREF-

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.

-CITE-

10 USC Sec. 2734a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 163 - MILITARY CLAIMS

-HEAD-

Sec. 2734a. Property loss; personal injury or death: incident to

noncombat activities of armed forces in foreign countries;

international agreements

-STATUTE-

(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.

-SOURCE-

(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; Pub. L. 107-296, title XVII, Sec.

1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2734a(a) 2734a(b) 31:224i-2 (less Aug. 31, 1954, ch.

2734a(c) proviso). 31:224i-2 1152, Sec. 1 (less

(proviso, as proviso, as

applicable to applicable to Sec.

31:224i-2). 31:224i- 2), 4 (as

5 (as applicable to applicable to Sec.

31-224i-2). 1), 68 Stat. 1006,

1007.

-------------------------------

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

2002 - Subsecs. (a), (c), (d). Pub. L. 107-296 substituted ''of

Homeland Security'' for ''of Transportation'' wherever appearing.

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).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-CITE-

10 USC Sec. 2734b 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 163 - MILITARY CLAIMS

-HEAD-

Sec. 2734b. Property loss; personal injury or death: incident to

activities of armed forces of foreign countries in United

States; international agreements

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2734b(a) 2734b(b) 31:224i-3. 31:224i- Aug. 31, 1954, ch.

2734b(c) 2734b(d) 4. 31:224i-2 1152, Sec. 1

(proviso, less (proviso, less

applicability to applicability to

31:224i-2). 31:224i- Sec. 1), 2, 3, 4

5 (less (less applicability

applicability to to Sec. 1), 68

31:224i-2). Stat. 1006, 1007.

-------------------------------

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-CITE-

10 USC Sec. 2735 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 163 - MILITARY CLAIMS

-HEAD-

Sec. 2735. Settlement: final and conclusive

-STATUTE-

Notwithstanding any other provision of law, the settlement of a

claim under section 2733, 2734, 2734a, 2734b, or 2737 of this title

is final and conclusive.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 155; Pub. L. 88-558, Sec. 5(1),

Aug. 31, 1964, 78 Stat. 768; Pub. L. 92-413, Aug. 29, 1972, 86

Stat. 649.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2735 31:222c (1st May 29, 1945, ch.

sentence of (e)). 135, Sec. 1 (e)

31:223b (4th (1st sentence);

sentence). 31:224d restated July 3,

(last proviso). 1952, ch. 548, Sec.

1 (1st sentence of

last par.), 66

Stat. 323.

July 3, 1943, ch.

189, Sec. 1 (4th

sentence), 57 Stat.

373.

Jan. 2, 1942, ch.

645, Sec. 1 (last

proviso); restated

Apr. 22, 1943, ch.

67, Sec. 1 (last

proviso), 57 Stat.

67.

-------------------------------

The words ''for all purposes'' and ''to the contrary'', in each

source credit; ''by the Secretary of the Army, the Secretary of the

Navy, the Secretary of the Air Force, or the Secretary of Defense,

or their designees'' and ''such regulations as they, respectively,

may prescribe hereunder'', in 31:222c(e); ''by the Secretary of the

Army, or his designee'' and ''such regulations as he may prescribe

hereunder'', in 31:223b; and ''by such Commissions'', in 31:224d;

are omitted as surplusage.

AMENDMENTS

1972 - Pub. L. 92-413 inserted reference to sections 2734a,

2734b, and 2737 of this title.

1964 - Pub. L. 88-558 struck out reference to section 2732.

EFFECTIVE DATE OF 1964 AMENDMENT

Section 5(1) of Pub. L. 88-558 provided that the amendment made

by that section is effective two years from Aug. 31, 1964.

REPEALS

The directory language of, but not the amendment made by, Pub. L.

88-558, Aug. 31, 1964, 78 Stat. 767, cited as a credit to this

section and in the Effective Date of 1964 Amendment note above, was

repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.

1068.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 33 section 3071.

-CITE-

10 USC Sec. 2736 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 163 - MILITARY CLAIMS

-HEAD-

Sec. 2736. Property loss; personal injury or death: advance payment

-STATUTE-

(a)(1) In the case of a person who is injured or killed, or whose

property is damaged or lost, under circumstances for which the

Secretary of a military department is authorized by law to allow a

claim, the Secretary of the military department concerned may make

a payment to or for the person, or the legal representatives of the

person, in advance of the submission of such a claim or, if such a

claim is submitted, in advance of the final settlement of the

claim. The amount of such a payment may not exceed $100,000.

(2) Payments under this subsection are limited to payments which

would otherwise be payable under section 2733 or 2734 of this title

or section 715 of title 32.

(3) The Secretary of a military department may delegate the

authority to make payments under this subsection to the Judge

Advocate General of an armed force under the jurisdiction of the

Secretary. The Secretary may delegate such authority to any other

officer or employee under the jurisdiction of the Secretary, but

only with respect to the payment of amounts of $25,000 or less.

(4) Payments under this subsection shall be made under

regulations prescribed by the Secretary of the military department

concerned.

(b) Any amount paid under subsection (a) shall be deducted from

any amount that may be allowed under any other provision of law to

the person, or his legal representative, for injury, death, damage,

or loss attributable to the accident concerned.

(c) So far as practicable, regulations prescribed under this

section shall be uniform for the military departments.

(d) Payment of an amount under subsection (a) is not an admission

by the United States of liability for the accident concerned.

-SOURCE-

(Added Pub. L. 87-212, Sec. 1(1), Sept. 8, 1961, 75 Stat. 488;

amended Pub. L. 90-521, Sec. 2, Sept. 26, 1968, 82 Stat. 874; Pub.

L. 98-564, Sec. 3, Oct. 30, 1984, 98 Stat. 2919; Pub. L. 100-456,

div. A, title VII, Sec. 735(a), Sept. 29, 1988, 102 Stat. 2005.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-456 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows:

''Under such regulations as the Secretary of a military department

may prescribe, payment of an amount not in excess of $10,000 may be

made in advance of the submission of a claim to or for any person,

or his legal representatives, who was injured or killed, or whose

property was damaged or lost, under circumstances for which

allowance of a claim is authorized by law. Payments under this

subsection are limited to those which would otherwise be payable

under section 2733 or 2734 of this title or section 715 of title

32.''

1984 - Subsec. (a). Pub. L. 98-564 substituted ''$10,000'' for

''$1,000''.

1968 - Pub. L. 90-521 substituted ''advance payment'' for

''incident to aircraft or missile operation'' in section catchline.

Subsec. (a). Pub. L. 90-521 substituted ''under circumstances''

for ''as the result of an accident involving an aircraft or missile

under the control of that department''.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 735(b) of Pub. L. 100-456 provided that: ''The amendment

made by subsection (a) (amending this section) shall apply to any

claim which would otherwise be payable under section 2733 or 2734

of title 10, United States Code, or under section 715 of title 32,

United States Code, and which has not been finally settled on or

before the date of the enactment of this Act (Sept. 29, 1988).''

-CITE-

10 USC Sec. 2737 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 163 - MILITARY CLAIMS

-HEAD-

Sec. 2737. Property loss; personal injury or death: incident to use

of property of the United States and not cognizable under other

law

-STATUTE-

(a) Under such regulations as the Secretary concerned may

prescribe, he or his designee may settle and pay, in an amount not

more than $1,000, a claim against the United States, not cognizable

under any other provision of law, for -

(1) damage to, or loss of, property; or

(2) personal injury or death;

caused by a civilian official or employee of a military department

or the Coast Guard, or a member of the armed forces, incident to

the use of a vehicle of the United States at any place, or any

other property of the United States on a Government installation.

(b) Under such regulations as the Secretary of Defense may

prescribe, he or his designee has the same authority as the

Secretary of a military department with respect to a claim, not

cognizable under any other provision of law, for -

(1) damage to, or loss of, property; or

(2) personal injury or death;

caused by a civilian official or employee of the Department of

Defense not covered by subsection (a), incident to the use of a

vehicle of the United States at any place, or any other property of

the United States on a Government installation.

(c) A claim may not be allowed under subsection (a) or (b) if the

damage to, or loss of, property, or the personal injury or death

was caused wholly or partly by a negligent or wrongful act of the

claimant, his agent, or his employee.

(d) A claim for personal injury or death under this section may

not be allowed for more than the cost of reasonable medical,

hospital, and burial expenses actually incurred, and not otherwise

furnished or paid by the United States.

(e) No claim may be allowed under this section unless it is

presented in writing within two years after it accrues.

(f) A claim may not be paid under subsection (a) or (b) unless

the amount tendered is accepted by the claimant in full

satisfaction.

(g) No claim or any part thereof, the amount of which is legally

recoverable by the claimant under an indemnifying law or indemnity

contract, may be paid under this section. No subrogated claim may

be paid under this section.

(h) So far as practicable, regulations prescribed under this

section shall be uniform. Regulations prescribed under this

section by the Secretaries of the military departments must be

approved by the Secretary of Defense.

-SOURCE-

(Added Pub. L. 87-769, Sec. 1(1)(A), Oct. 9, 1962, 76 Stat. 767,

Sec. 2736; renumbered Sec. 2737, Pub. L. 89-718, Sec. 21(a), Nov.

2, 1966, 80 Stat. 1118.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-CITE-

10 USC Sec. 2738 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 163 - MILITARY CLAIMS

-HEAD-

Sec. 2738. Property loss: reimbursement of members for certain

losses of household effects caused by hostile action

-STATUTE-

(a) Authority To Reimburse. - The Secretary concerned may

reimburse a member of the armed forces in an amount not more than

$100,000 for a loss described in subsection (b).

(b) Covered Losses. - This section applies with respect to a loss

of household effects sustained during a move made incident to a

change of permanent station when, as determined by the Secretary,

the loss was caused by a hostile action incident to war or a

warlike action by a military force.

(c) Limitation. - The Secretary may provide reimbursement under

this section for a loss described in subsection (b) only to the

extent that the loss is not reimbursed under insurance or under the

authority of another provision of law.

(d) Applicability of Other Authorities and Requirements. -

Subsections (b), (d), (e), (f), and (g) of section 2733 of this

title shall apply to a request for a reimbursement under this

section as if the request were a claim against the United States.

-SOURCE-

(Added Pub. L. 103-337, div. A, title V, Sec. 557(a), Oct. 5,

1994, 108 Stat. 2775.)

-MISC1-

EFFECTIVE DATE

Section 557(c) of Pub. L. 103-337 provided that:

''(1) Section 2738 of title 10, United States Code, as added by

subsection (a), applies with respect to losses incurred after June

30, 1990.

''(2) In the case of a loss incurred after June 30, 1990, and

before the date of the enactment of this Act (Oct. 5, 1994), a

request for reimbursement shall be filed with the Secretary of the

military department concerned not later than two years after such

date of enactment.''

-CITE-

10 USC Sec. 2739 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 163 - MILITARY CLAIMS

-HEAD-

Sec. 2739. Amounts recovered from third parties for loss or damage

to personal property shipped or stored at Government expense:

crediting to appropriations

-STATUTE-

(a) Crediting of Collections. - Any qualifying military

department third-party collection shall be credited to the

appropriate current appropriation. Amounts so credited shall be

merged with the funds in that appropriation and shall be available

for the same period and purposes as the funds with which merged.

(b) Appropriate Current Appropriation. - For purposes of

subsection (a), the appropriate current appropriation with respect

to a qualifying military department third-party collection is the

appropriation currently available, as of the date of the

collection, for the payment of claims by that military department

for loss or damage of personal property shipped or stored at

Government expense.

(c) Qualifying Military Department Third-Party Collections. - For

purposes of subsection (a), a qualifying military department

third-party collection is any amount that a military department

collects under sections 3711, 3716, 3717, and 3721 of title 31 from

a third party for a loss or damage to personal property that

occurred during shipment or storage of the property at Government

expense and for which the Secretary of the military department paid

the owner in settlement of a claim.

-SOURCE-

(Added Pub. L. 105-261, div. A, title X, Sec. 1010(a)(1), Oct. 17,

1998, 112 Stat. 2117.)

-MISC1-

EFFECTIVE DATE

Pub. L. 105-261, div. A, title X, Sec. 1010(b), Oct. 17, 1998,

112 Stat. 2117, provided that: ''Section 2739 of title 10, United

States Code, as added by subsection (a), applies with respect to

amounts collected by a military department on or after the date of

the enactment of this Act (Oct. 17, 1998).''

-CITE-