Property loss; personal injury or death: incident to noncombat activities of Department of Army, Navy, or Air Force; foreign countries

§ 2734. Property loss; personal injury or death: incident to noncombat activities of Department of Army, Navy, or Air Force; foreign countries (a) To promote and maintain friendly relations through the prompt settlement of meritorious claims arising in foreign countries, the Secretary of a military department or any officer designated by him may, under such regulations as the Secretary may prescribe, appoint one or more claims commissions, each composed of one or more commissioned officers of the armed forces under his jurisdiction, to settle and pay any claim for not more than $5,000, for— (1) damage to, or loss of. real property of any foreign country or of any political subdivision or inhabitant of that 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 that 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 in that country 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 department concerned. 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. (b) A claim may be allowed under subsection (a) only if— (1) it is presented within one year 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 155 (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. (c) Allowance of a claim for more than $2,500 under subsection (a) may, by regulation, be made subject to the approval of any commissioned officer designated by the Secretary of the military department concerned. (d) The Secretary of the military department concerned may certify to Congress any claim for more than $5,000 that would otherwise be covered by this section in the amount that he considers just and reasonable, as a legal claim for payment from appropriations made by Congress therefor, together with a brief statement of the claim, the amount claimed, and the amount allowed. (e) No claim may be paid under subsection (a) unless the amount tendered is accepted in full satisfaction. (f) In time of war and upon the request of a military department, 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 military department. (g) A claim against the Coast Guard may be settled or paid under this section only if it arises and is settled and paid while the Coast Guard is operating as a service in the Navy. Officers of the Coast Guard may serve on claims commissions, or as officers to approve settlements made by such a commission, only for claims against the Coast Guard. Payment of such claims shall be made out of the appropriation for the operating expenses of the Coast Guard.