10 U.S.C. § 2736 — Property loss; personal injury or death:

Page 2195 TITLE 10—ARMED FORCES § 2736 hicle of the armed forces was authorized, the dispute shall be decided under the international agreement with the foreign country concerned. Such a decision is final and conclusive. The Sec- retary of Defense may pay that part of the cost of obtaining such a decision that is chargeable to the United States under that agreement. (c) A claim arising out of an act of an enemy of the United States may not be considered or paid under this section. (d) A payment under this section shall be made by the Secretary of Defense out of appro- priations as provided in section 2732 of this title. (Added Pub. L. 87–651, title I, § 113(a), Sept. 7, 1962, 76 Stat. 512; amended Pub. L. 94–390, § 1(2), Aug. 19, 1976, 90 Stat. 1191; Pub. L. 101–510, div. A, title XIV, § 1481(j)(4)(C), Nov. 5, 1990, 104 Stat. 1709.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2734b(a) ... 2734b(b) ... 2734b(c) ... 2734b(d) ... 31:224i–3. 31:224i–4. 31:224i–2 (proviso, less ap- plicability to 31:224i–2). 31:224i–5 (less applica- bility to 31:224i–2). Aug. 31, 1954, ch. 1152, §§ 1 (proviso, less applica- bility to § 1), 2, 3, 4 (less applicability to § 1), 68 Stat. 1006, 1007. In subsection (a), the following omissions as surplus- age are made: ‘‘the terms of’’ and ‘‘now or may here- after be’’. The following substitutions are made: ‘‘coun- try’’ for ‘‘government’’; ‘‘in the United States, or a Ter- ritory, Commonwealth, or possession’’ for ‘‘within the territory of the United States’’; ‘‘under’’ for ‘‘in accord- ance with’’; ‘‘upon which they are based were the acts or omissions of’’ for ‘‘were performed’’. In subsection (b), the following substitutions are made: ‘‘under this section’’ for ‘‘asserted under section 224i–3 of this title’’; ‘‘the dispute’’ for ‘‘such disputed question or questions’’; ‘‘under’’ for ‘‘in accordance with the terms of’’; and the last sentence for the last sentence of 31:224i–4. The following omissions as sur- plusage are made: ‘‘of a civilian employee or military personnel of a foreign country’’ and ‘‘of the armed forces for such party’’. In subsection (c), the word ‘‘act’’ is substituted for the word ‘‘action’’. In subsection (d), the words ‘‘under this section’’ are substituted for the words ‘‘by the United States with respect to a settlement, award, or compromise made pursuant to section 224i–2 to 224i–5 of this title’’. The words ‘‘which appropriations are authorized’’ are omit- ted as unnecessary. Editorial Notes AMENDMENTS 1990—Subsec. (d). Pub. L. 101–510 substituted ‘‘as pro- vided in section 2732 of this title’’ for ‘‘for that pur- pose’’. 1976—Subsec. (a). Pub. L. 94–390 substituted provi- sions authorizing claims, for which another armed force is legally responsible under applicable United States law, to be prosecuted against the United States or settled by the United States in accordance with an international agreement providing for the settlement or adjudication by the United States under its laws and regulations as if the acts or omissions upon which the claims are based were of a member or a civilian em- ployee of an armed force of the United States, for pro- visions authorizing claims to be prosecuted against the United States or settled by the United States by adju- dication by the United States under its laws and regu- lations as if the acts or omissions upon which the claims are based were the acts or omissions in the per- formance of official duty of a civilian employee or a member of an armed force. § 2735. Settlement: final and conclusive Notwithstanding any other provision of law, the settlement of a claim under section 2733, 2733a, 2734, 2734a, 2734b, or 2737 of this title is final and conclusive. (Aug. 10, 1956, ch. 1041, 70A Stat. 155; Pub. L. 88–558, § 5(1), Aug. 31, 1964, 78 Stat. 768; Pub. L. 92–413, Aug. 29, 1972, 86 Stat. 649; Pub. L. 116–92, div. A, title VII, § 731(c)(1), Dec. 20, 2019, 133 Stat. 1460.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2735 ......... 31:222c (1st sentence of (e)). 31:223b (4th sentence). 31:224d (last proviso). May 29, 1945, ch. 135, § 1 (e) (1st sentence); re- stated July 3, 1952, ch. 548, § 1 (1st sentence of last par.), 66 Stat. 323. July 3, 1943, ch. 189, § 1 (4th sentence), 57 Stat. 373. Jan. 2, 1942, ch. 645, § 1 (last proviso); restated Apr. 22, 1943, ch. 67, § 1 (last proviso), 57 Stat. 67. The words ‘‘for all purposes’’ and ‘‘to the contrary’’, in each source credit; ‘‘by the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of Defense, or their designees’’ and ‘‘such regulations as they, respectively, may pre- scribe hereunder’’, in 31:222c(e); ‘‘by the Secretary of the Army, or his designee’’ and ‘‘such regulations as he may prescribe hereunder’’, in 31:223b; and ‘‘by such Commissions’’, in 31:224d; are omitted as surplusage. Editorial Notes AMENDMENTS 2019—Pub. L. 116–92 substituted ‘‘2733, 2733a,’’ for ‘‘2733,’’. 1972—Pub. L. 92–413 inserted reference to sections 2734a, 2734b, and 2737 of this title. 1964—Pub. L. 88–558 struck out reference to section 2732. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Amendment by Pub. L. 116–92 applicable to any claim filed under section 2733a of this title, on or after Jan. 1, 2020, and any claim filed in calendar year 2020 deemed to be filed within the time period specified in section 2733a(b)(4) of this title if it is filed within three years after it accrues, see section 731(d) of Pub. L. 116–92, set out as an Effective Date note under section 2733a of this title. EFFECTIVE DATE OF 1964 AMENDMENT Pub. L. 88–558, § 5, Aug. 31, 1964, 78 Stat. 768, provided that the amendment made by that section is effective two years from Aug. 31, 1964. REPEALS The directory language of, but not the amendment made by, Pub. L. 88–558, Aug. 31, 1964, 78 Stat. 767, cited as a credit to this section and in the Effective Date of 1964 Amendment note above, was repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068. § 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 Page 2196 TITLE 10—ARMED FORCES § 2737 a military department is authorized by law to allow a claim, the Secretary of the military de- partment 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 ad- vance 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 Sec- retary of the military department concerned. (b) Any amount paid under subsection (a) shall be deducted from any amount that may be al- lowed under any other provision of law to the person, or his legal representative, for injury, death, damage, or loss attributable to the acci- dent concerned. (c) So far as practicable, regulations pre- scribed 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, § 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.) Editorial Notes AMENDMENTS 1988—Subsec. (a). Pub. L. 100–456 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘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 cir- cumstances for which allowance of a claim is author- ized by law. Payments under this subsection are lim- ited 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 sec- tion catchline. Subsec. (a). Pub. L. 90–521 substituted ‘‘under cir- cumstances’’ for ‘‘as the result of an accident involving an aircraft or missile under the control of that depart- ment’’. 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 sec- tion 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].’’ § 2737. Property loss; personal injury or death: incident to use of property of the United States and not cognizable under other law (a) Under such regulations as the Secretary concerned may prescribe, he or his designee may settle and pay, in an amount not more than $1,000, a claim against the United States, not cognizable under any other provision of law, for— (1) damage to, or loss of, property; or (2) personal injury or death; caused by a civilian official or employee of a military department or the Coast Guard, or a member of the armed forces, incident to the use of a vehicle of the United States at any place, or any other property of the United States on a Government installation. (b) Under such regulations as the Secretary of Defense may prescribe, he or his designee has the same authority as the Secretary of a mili- tary department with respect to a claim, not cognizable under any other provision of law, for— (1) damage to, or loss of, property; or (2) personal injury or death; caused by a civilian official or employee of the Department of Defense not covered by sub- section (a), incident to the use of a vehicle of the United States at any place, or any other property of the United States on a Government installation. (c) A claim may not be allowed under sub- section (a) or (b) if the damage to, or loss of, property, or the personal injury or death was caused wholly or partly by a negligent or wrong- ful act of the claimant, his agent, or his em- ployee. (d) A claim for personal injury or death under this section may not be allowed for more than the cost of reasonable medical, hospital, and burial expenses actually incurred, and not oth- erwise furnished or paid by the United States. (e) No claim may be allowed under this section unless it is presented in writing within two years after it accrues. (f) A claim may not be paid under subsection (a) or (b) unless the amount tendered is accepted by the claimant in full satisfaction. (g) No claim or any part thereof, the amount of which is legally recoverable by the claimant under an indemnifying law or indemnity con- tract, may be paid under this section. No sub- rogated claim may be paid under this section. (h) So far as practicable, regulations pre- scribed under this section shall be uniform. Reg- ulations prescribed under this section by the Secretaries of the military departments must be approved by the Secretary of Defense. (Added Pub. L. 87–769, § 1(1)(A), Oct. 9, 1962, 76 Stat. 767, § 2736; renumbered § 2737, Pub. L. 89–718, § 21(a), Nov. 2, 1966, 80 Stat. 1118.)