10 U.S.C. § 2736 — Property loss; personal injury or death: advance payment
submitted 65 years ago by Pub. L. 87-212 to r/title-10-ARMED-FORCES · 287 words · no verdicts yet
A military-department Secretary may make a limited advance payment for certain injury, death, or property-loss claims before the claim is finally settled.
(a)(1) If a person is injured or killed, or the person’s property is damaged or lost, in circumstances where the Secretary of a military department may legally allow a claim, that Secretary may pay* the person or the person’s legal representative before the claim is submitted, or before its final settlement if it was submitted. The advance may not exceed $100,000.
(2) The payment may cover only an amount that could otherwise be paid under section 2733 or 2734 of this title or section 715 of title 32.
(3) The Secretary may delegate this authority to the Judge Advocate General of an armed force under the Secretary. The Secretary may delegate it to another officer* or employee under the Secretary only for payments of $25,000 or less.
(4) The Secretary must make these payments under regulations the Secretary prescribes.
(b) Any payment under subsection (a) must be subtracted from any amount later allowed under another law for the injury, death, damage, or loss from the same accident.
(c) As far as practical, the military departments’ regulations should be uniform.
(d) Making a payment under subsection (a) does not mean that the United States admits it is legally responsible for the accident.
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.
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.
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.
Payments under this subsection shall be made under regulations prescribed by the Secretary of the military department concerned.
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.
So far as practicable, regulations prescribed under this section shall be uniform for the military departments*.
Payment of an amount under subsection (a) is not an admission by the United States of liability for the accident concerned.
Source credit: (Added Pub. L. 87–212, § 1(1), Sept. 8, 1961, 75 Stat. 488; amended Pub. L. 90–521, § 2, Sept. 26, 1968, 82 Stat. 874; Pub. L. 98–564, § 3, Oct. 30, 1984, 98 Stat. 2919; Pub. L. 100–456, div. A, title VII, § 735(a), Sept. 29, 1988, 102 Stat. 2005.)
- 1961Enacted · Pub. L. 87-212 · 75 Stat. 488
- 1968Amended · Pub. L. 90-521 · 82 Stat. 874
- 1984Amended · Pub. L. 98-564 · 98 Stat. 2919
- 1988Amended · Pub. L. 100-456 · 102 Stat. 2005
A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-212 on 1961-09-08.
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