Page:United States Statutes at Large Volume 90 Part 1.djvu/1241

 PUBLIC LAW 94-390—AUG. 19, 1976

90 STAT. 1191

Public Law 94-390 94th Congress An Act To amend sections 2734a(a) and 2734b(a) of title 10, United States Code, to provide for settlement, under international agreements, of certain claims incident to the noncombat activities of the armed forces, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 10, United States Code, is amended— (1) by amending section 2734a (a) to read as follows: "(a) When the United States is a party to an international agreement which proAddes 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 Transportation 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."; and (2) by amending section 2734b(a) to read as follows: "(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.". Approved August 19, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-543 (Comm. on the Judiciary). SENATE REPORT No. 94-1121 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 121 (1975): Nov. 3, considered and passed House. Vol. 122 (1976): Aug. 9, considered and passed Senate.

Aug. 19, 1976 [H.R. 7896]

Military claims. Settlement under international agreements.

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