10 U.S.C. § 2736: Property loss; personal…

Summary

Lets the head of a military department make an advance payment, up to $100,000, to a person (or their legal representative) who is injured, killed, or whose property is damaged in an incident that could give rise to a claim. The payment can be made before a claim is filed or before the claim is finally settled, and it only covers the kinds of payments allowed under sections 2733, 2734, or 715 of title 32. The department head can let the Judge Advocate General make these payments, or delegate to other officers or employees for amounts of $25,000 or less. Payments must follow the department’s rules, will be subtracted from any later award for the same loss, should be made similarly across services when possible, and do not mean the United States admits fault.

Title 10, §2736

Armed Forces, Source: USLM XML via OLRC

(a)(1)In the case of a person who is injured or killed, or whose property is damaged or lost, under circumstances for which the Secretary of a military department is authorized by law to allow a claim, the Secretary of the military department concerned may make a payment to or for the person, or the legal representatives of the person, in advance of the submission of such a claim or, if such a claim is submitted, in advance of the final settlement of the claim. The amount of such a payment may not exceed $100,000.

(2)Payments under this subsection are limited to payments which would otherwise be payable under section 2733 or 2734 of this title or section 715 of title 32.

(3)The Secretary of a military department may delegate the authority to make payments under this subsection to the Judge Advocate General of an armed force under the jurisdiction of the Secretary. The Secretary may delegate such authority to any other officer or employee under the jurisdiction of the Secretary, but only with respect to the payment of amounts of $25,000 or less.

(4)Payments under this subsection shall be made under regulations prescribed by the Secretary of the military department concerned.

(b)Any amount paid under subsection (a) shall be deducted from any amount that may be allowed under any other provision of law to the person, or his legal representative, for injury, death, damage, or loss attributable to the accident concerned.

(c)So far as practicable, regulations prescribed under this section shall be uniform for the military departments.

(d)Payment of an amount under subsection (a) is not an admission by the United States of liability for the accident concerned.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Subsec. (a). Pub. L. 100–456 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Under such

Regulations

as the Secretary of a military department may prescribe, payment of an amount not in excess of $10,000 may be made in advance of the submission of a claim to or for any person, or his legal representatives, who was injured or killed, or whose property was damaged or lost, under circumstances for which allowance of a claim is authorized by law. Payments under this subsection are limited to those which would otherwise be payable under section 2733 or 2734 of this title or section 715 of title 32.” 1984—Subsec. (a). Pub. L. 98–564 substituted “$10,000” for “$1,000”. 1968—Pub. L. 90–521 substituted “advance payment” for “incident to aircraft or missile operation” in section catchline. Subsec. (a). Pub. L. 90–521 substituted “under circumstances” for “as the result of an accident involving an aircraft or missile under the control of that department”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 Amendment Pub. L. 100–456, div. A, title VII, § 735(b), Sept. 29, 1988, 102 Stat. 2006, provided that: “The amendment made by subsection (a) [amending this section] shall apply to any claim which would otherwise be payable under section 2733 or 2734 of title 10, United States Code, or under section 715 of title 32, United States Code, and which has not been finally settled on or before the date of the enactment of this Act [Sept. 29, 1988].”

§2736 Property Loss; Personal Injury or Death: Advance Payment