§ 2736. Property loss; personal injury or death: advance payment

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(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, § 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.)

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Cited by 22 sections · top 9

CFR

U.S. Code

§ 7625
Ordnance property: officers of armed forces; civilian employees of Army; American National Red Cross; educational institutions; homes for veterans’ orphans

statutes-at-large

Public Law 100–456
To authorize appropriations for fiscal year 1989 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes

Traces to 1 document

U.S. Code

Property loss; personal injury or death: activities under certain sections of this title
§ 715

13 references not yet in our index

Pub. L. 87–212, § 1(1)
75 Stat. 488
Pub. L. 90–521, § 2
82 Stat. 874
Pub. L. 98–564, § 3
98 Stat. 2919
Pub. L. 100–456, div. A, title VII, § 735(a)
102 Stat. 2005
Pub. L. 100–456
Pub. L. 98–564
Pub. L. 90–521
Pub. L. 100–456, div. A, title VII, § 735(b)
102 Stat. 2006

Citation graph

cites case law

§ 2736

Property loss; personal injury or death: advance payment

C.F.R.×10

Fed. Reg.×10

Stat.×1

U.S.C.×1

U.S.C.§ 715

Pub. L.Pub. L. 87–212, § 1(1)

Stat.75 Stat. 488

Pub. L.Pub. L. 90–521, § 2

Stat.82 Stat. 874

Pub. L.Pub. L. 98–564, § 3

Cites 14 · showing 6Cited by 22 across 4 sources