Pub. L. 87-651, tit. I, sec. 113

Sec. 113. (a) Chapter 163 of title 10, United States Code, is amended by inserting after section 2734: “§ 2734a. Property loss; personal injury or death: incident to noncombat activities of armed forces; foreign councountries; international agreements “(a) Under an international agreement to which the United States is a party that provides that claims against the United States arising out of the acts or omissions in the performance of official duty in a foreign country of a civilian employee, or a member, of an armed force may be adjudicated by that country under its laws and regulations, the Secretary of Defense may— “(1) reimburse that country for the agreed pro rata share of such amounts as are spent by that country to pay those claims, including the costs of settlement or arbitration; or “(2) pay that country the agreed pro rata share of claims arising out of damage to the property of that country, including the costs of settlement or arbitration. “(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 for that purpose. Those appropriations may be used to buy foreign currencies needed for the reimbursement. “§ 2734b. Property loss; personal injury or death: incident to activities of armed forces of foreign countries in United States; international agreements “(a) Where an international agreement to which the United States is a party provides that claims against a foreign country arising out of the acts or omissions in the performance of official duty in the United States, or a Territory, Commonwealth, or possession, of a civilian employee, or member, of the armed forces of that country, be adjudicated by the United States under its law’s and regulations subject to an agreed pro rata reimbursement, those claims may be prosecuted against the United States, or settled by the United States, under then existing laws and regulations as if the acts or omissions upon which they are based were the acts or omissions in the performance of official duty of a civilian employee, or a member, of an armed force. 76 Stat. 513 “(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 for that purpose.” (b) Chapter 163 of title 10, United States Code, is amended by inserting in the analysis: “2734a. Property loss; personal Injury or death: incident to noncombat activities of armed forces; 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.”