
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2736]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                      CHAPTER 163--MILITARY CLAIMS
 
Sec. 2736. Property loss; personal injury or death: advance 
        payment
        
    (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.

(Added Pub. L. 87-212, Sec. 1(1), Sept. 8, 1961, 75 Stat. 488; amended 
Pub. L. 90-521, Sec. 2, Sept. 26, 1968, 82 Stat. 874; Pub. L. 98-564, 
Sec. 3, Oct. 30, 1984, 98 Stat. 2919; Pub. L. 100-456, div. A, title 
VII, Sec. 735(a), Sept. 29, 1988, 102 Stat. 2005.)


                               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''.


                    Effective Date of 1988 Amendment

    Section 735(b) of Pub. L. 100-456 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].''
