Title 10, Armed ForcesRelease 119-102
§2734a Property Loss; Personal Injury or Death: Incident to Noncombat Activities of Armed Forces in Foreign Countries; International Agreements
Title 10 › Subtitle A — General Military Law › PART IV — SERVICE, SUPPLY, AND PROPERTY › CHAPTER 163 — MILITARY CLAIMS › § 2734a
Summary
When the United States has an agreement with another country to settle and share costs for claims caused by U.S. service members or civilian military employees acting in the line of duty, the Defense Secretary or the Homeland Security Secretary (or people they pick) may either reimburse the other country for its agreed share of awards and arbitration costs it paid, or pay the agreed share for damage to that country’s property. Claims caused by an enemy or by U.S. forces while in combat cannot be paid. Payments normally come from Defense appropriations under section 2732, except Coast Guard claims that occur while it is serving under the Department of Homeland Security must be paid from Coast Guard operating funds. Those appropriations may be used to buy foreign currency. At DHS’s request, the Department of Defense may front Coast Guard payments from section 2732 funds and DHS must repay DoD.
Full Legal Text
Title 10, §2734a
Armed Forces, Source: USLM XML via OLRC
(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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 2734a(a)2734a(b) 2734a(c)31:224i–2 (less proviso).31:224i–2 (proviso, as applicable to 31:224i–2).31:224i–5 (as applicable to 31–224i–2).Aug. 31, 1954, ch. 1152, §§ 1 (less proviso, as applicable to § 2), 4 (as applicable to § 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.
Editorial Notes
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, § 1481(j)(4)(B)(i), substituted “as provided in section 2732 of this title” for “for that purpose”. Subsec. (d). Pub. L. 101–510, § 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 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, § 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, § 4(b), added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date
of 2002 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
10 U.S.C. § 2734a
Title 10, Armed Forces
Last Updated
Aug 21, 2026
Release point: 119-102