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1 Legislative History of Military Claims Settlement under International Agreement P.L. 94-390 1 (1976)

handle is hein.leghis/legmilclm0001 and id is 1 raw text is: Public Law 94-390 94th Congress, H.'R. 7896 August 19, 1976 21n 21a To amend sections 2734a(a) and 2734b(a) of title 10, United States Code, to provide for settlement, under international agreements, of certain claims inci- dent to the noncombat activities of the armed forces, and for other purposes. Be it enacted by the. Sevate and House of Representative8 of the United StatC8 of Avnerica in Congress as8embled, 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 agree- ment 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 terri- tory 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 agree- ment.; and (2) by amending section 2734b(a) to read as follows: (a) When the United States is a party to an international agree- ment 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, Com- monwealth, or possession thereof; those claims may be prosecuted against the United States, or settled by the United States, in accord- ance 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. 90 STAT. 1191 Military claims. Settlement under inter- national agree- ments. GPO 57-139

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