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10 U.S.C. § 2736 — Property loss; personal injury or death: advance payment
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section715&num=0&edition=prelim).
(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 acci
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Stable record: federal_law:legal_authorities:record_usc_904943fadf528d4dbc35db48
Source file: Laws/federal/codes/united-states-code/title-10/section-2736-property-loss-personal-injury-or-death-advance-payment--3a48cc9fe6.md
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Source location: Title 10, Chapter 163, § 2736; chapter-163-military-claims.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section715&num=0&edition=prelim).
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under such regulations as the Secretary of the Army or Secretary of the Air Force may prescribe, he or, subject to appeal to him, the Judge Advocate General of the armed force under his jurisdiction, if designated by him, may settle and pay in an amount not more than $100,000 a claim against the United States for—
(1) damage to, or loss of, real property, including damage or loss incident to use and occupancy;
(2) damage to, or loss of, personal property, including property bailed to the United States or the National Guard and including registered or insured mail damaged, lost, or destroyed by a criminal act while in the possession of the National Guard; or
(3) personal injury or death; either caused by a member of the Army National Guard or the Air National Guard, as the case may be, while engaged in training or duty under section 316, 502, 503, 504, or 505 of this title or any other provision of law for which he is entitled to pay under [section 206 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim), or for which he has waived that pay, and acting within the scope of his employment; or otherwise incident to noncombat activities of the Army National Guard or the Air National Guard, as the case may be, under one of those sections.
**(b)** A claim may be allowed under subsection (a) only if—
(1) it is presented in writing within two years after it accrues, except that if the claim accrues in time of war or armed conflict or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after the war or armed conflict is terminated;
(2) it is not covered by [section 2734 of title 10](https://uscode.hou
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any branch, office, or officer designated by the Secretary of the Army may sell articles of ordnance property to officers of other armed forces for their use in the service, in the same manner as those articles are sold to officers of the Army.
**(b)** Under such regulations as the Secretary may prescribe, ordnance stores may be sold to civilian employees of the Army and to the American National Red Cross.
**(c)** Articles of ordnance property may be sold to educational institutions and to State soldiers’ and sailors’ orphans’ homes for maintaining the ordnance and ordnance stores issued to those institutions and homes.
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Federal law — U.S. Code and appendices · legal_authorities
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 ‘‘
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2736
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