if the damage, loss, personal injury, or death occurs outside the United States, or the 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.
10 U.S.C. § 2734
HISTORICAL AND REVISION NOTES 1956 ACT | ||
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
2734(a)2734(b)2734(c) | 31:224d (less 98th through 109th words and provisos).31:224d (1st and 3d provisos).31:224d (2d proviso, less words after semicolon). | Jan. 2, 1942, ch. 645, §§1 (less last proviso), 6, 7, 55 Stat. 880; restated Apr. 22, 1943, ch. 67, §§1 (less last 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. |
1958 ACT | ||
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
2734(a)2734(d)2734(f)2734(h) | 31:224d.31:224d.31:224i.31:224i-1. | July 28, 1956, ch. 769, §1, 70 Stat. 703. |
EDITORIAL NOTES
AMENDMENTS2006-Subsec. (a). Pub. L. 109-163 substituted "Commonwealths or possessions" for "Territories, Commonwealths, or possessions" in concluding provisions.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, §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, §2(2), inserted "or employee" after "An officer" in last sentence.Subsec. (c). Pub. L. 98-564, §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, §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, §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, §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, §1(1)(A), substituted "the armed forces" for "Department of Army, Navy, or Air Force" in section catchline.Subsec. (a). Pub. L. 86-223, §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, §1(1)(C), struck out "of the military department" after "Secretary".Subsec. (f). Pub. L. 86-223, §1(1)(D), substituted "the department concerned" for "a military department" and deleted "military" after "another".Subsec. (g). Pub. L. 86-223, §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, §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, §1(55)(A), substituted "$15,000" for "$5,000".Subsec. (f). Pub. L. 85-861, §1(55)(E), substituted "Upon" for "In time of war and upon".Subsec. (h). Pub. L. 85-861, §1(55)(F), added subsec. (h).
STATUTORY NOTES AND RELATED SUBSIDIARIES
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.
- includes
- "includes" means "includes but is not limited to"; and
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- commissioned officer
- The term "commissioned officer" includes a commissioned warrant officer.
- officer
- The term "officer" means a commissioned or warrant officer.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- possessions
- The term "possessions" includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.