10 USC Ch. 981: MILITARY CLAIMS
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10 USC Ch. 981: MILITARY CLAIMS
From Title 10—ARMED FORCESSubtitle D—Air Force and Space ForcePART IV—SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 981—MILITARY CLAIMS

Sec.
9801.
Definition.
9802.
Admiralty claims against the United States.
9803.
Admiralty claims by United States.
9804.
Salvage claims by United States.
[9805.
Repealed.]
9806.
Settlement or compromise: final and conclusive.

        

Editorial Notes

Amendments

2018Pub. L. 115–232, div. A, title VIII, §806(d)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 951 of this title as this chapter.

1972Pub. L. 92–417, §1(7), Aug. 29, 1972, 86 Stat. 655, substituted "Admiralty claims against the United States" for "Damage by United States vessels; towage and salvage of United States vessels" in item 9802.

1960Pub. L. 86–533, §1(7)(B), June 29, 1960, 74 Stat. 247, struck out item 9805 "Reports to Congress".

§9801. Definition

In this chapter, the term "settle" means consider, ascertain, adjust, determine, and dispose of a claim, whether by full or partial allowance or by disallowance.

(Aug. 10, 1956, ch. 1041, 70A Stat. 591; Pub. L. 100–180, div. A, title XII, §1231(19)(B), Dec. 4, 1987, 101 Stat. 1161.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
9801 [No source]. [No source].

The revised section is inserted for clarity, and is based on usage in the source laws for this revised chapter.


Editorial Notes

Amendments

1987Pub. L. 100–180 inserted "the term" after "In this chapter,".

§9802. Admiralty claims against the United States

(a) The Secretary of the Air Force may settle or compromise an admiralty claim against the United States for—

(1) damage caused by a vessel of, or in the service of, the Department of the Air Force or by other property under the jurisdiction of the Department of the Air Force;

(2) compensation for towage and salvage service, including contract salvage, rendered to a vessel of, or in the service of, the Department of the Air Force or to other property under the jurisdiction of the Department of the Air Force; or

(3) damage caused by a maritime tort committed by any agent or employee of the Department of the Air Force or by property under the jurisdiction of the Department of the Air Force.


(b) If a claim under subsection (a) is settled or compromised for $500,000 or less, the Secretary of the Air Force may pay it. If it is settled or compromised for more than $500,000, he shall certify it to Congress.

(c) In any case where the amount to be paid is not more than $100,000, the Secretary of the Air Force may delegate his authority under subsection (a) to any person in the Department of the Air Force designated by him.

(Aug. 10, 1956, ch. 1041, 70A Stat. 592; Pub. L. 89–67, July 7, 1965, 79 Stat. 212; Pub. L. 92–417, §1(6), Aug. 29, 1972, 86 Stat. 655; Pub. L. 101–189, div. A, title XVI, §1633, Nov. 29, 1989, 103 Stat. 1608.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
9802(a)

 

 

9802(b)

9802(c)

10:1861 (less 35 words before 1st proviso, and less last proviso).

10:1861 (last proviso).

10:1866 (as applicable to 10:1861).

Oct. 20, 1951, ch. 524, §§1 (less 35 words before 1st proviso), 6 (as applicable to §1), 65 Stat. 572, 573.

In subsection (a), the words "consider, ascertain, adjust, determine, compromise" are omitted as covered by the word "settle", as defined in section 9801 of this title. 10:1861 (1st proviso) is omitted as unnecessary, since other applicable claims laws are restated in this title. 10:1861 (2d proviso) is omitted as surplusage.


Editorial Notes

Amendments

1989—Subsec. (c). Pub. L. 101–189 substituted "$100,000" for "$10,000".

1972—Subsec. (a). Pub. L. 92–417 substituted "Admiralty claims against the United States" for "Damage by United States vessels, towage and salvage of United States vessels" in section catchline, in text preceding par. (1), struck out requirement that the Secretary of the Air Force discharge his functions under the direction of the Secretary of Defense, in par. (1), inserted "or by other property under the jurisdiction of the Department of the Air Force", in par. (2), inserted "or to other property under the jurisdiction of the Department of the Air Force", and added par. (3).

1965—Subsec. (c). Pub. L. 89–67 substituted "$10,000" for "$1,000".

§9803. Admiralty claims by United States

(a) Under the direction of the Secretary of Defense, the Secretary of the Air Force may settle, or compromise, and receive payment of a claim by the United States for damage to property under the jurisdiction of the Department of the Air Force or property for which the Department has assumed an obligation to respond for damage, if—

(1) the claim is—

(A) of a kind that is within the admiralty jurisdiction of a district court of the United States; or

(B) for damage caused by a vessel or floating object; and


(2) the amount to be received by the United States is not more than $500,000.


(b) In exchange for payment of an amount found to be due the United States under subsection (a), the Secretary of the Air Force may execute a release of the claim on behalf of the United States. Amounts received under this section shall be covered into the Treasury.

(c) In any case where the amount to be received by the United States is not more than $100,000, the Secretary of the Air Force may delegate his authority under subsections (a) and (b) to any person in the Department of the Air Force designated by him.

(Aug. 10, 1956, ch. 1041, 70A Stat. 592; Pub. L. 89–67, July 7, 1965, 79 Stat. 212; Pub. L. 101–189, div. A, title XVI, §1633, Nov. 29, 1989, 103 Stat. 1608.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
9803(a)

 

 

 

9803(b)

 

 
10:1862 (1st sentence; 2d sentence, less last 32 words; and provisos of last sentence).

10:1862 (3d sentence; and last sentence, less provisos).

Oct. 20, 1951, ch. 524, §§2 (less last 32 words of 2d sentence), 6 (less applicability to §1), 65 Stat. 572, 573.
9803(c) 10:1866 (less applicability to 10:1861).

In subsection (a), the words "consider, ascertain, adjust, determine" are omitted as covered by the word "settle", as defined in section 9801 of this title. The words "receive payment" are substituted for 10:1862 (2d sentence, less last 32 words). The words "of a kind that is within the admiralty jurisdiction" are substituted for the words "cognizable in admiralty". Clause (2) is substituted for 10:1862 (last proviso of last sentence). 10:1862 (1st proviso of last sentence) is omitted as unnecessary, since other applicable claims laws are restated in this title. The words "by contract or otherwise" are omitted as surplusage.

In subsection (b), the words "of the United States as miscellaneous receipts" and "to deliver" are omitted as surplusage.


Editorial Notes

Amendments

1989—Subsec. (c). Pub. L. 101–189 substituted "$100,000" for "$10,000".

1965—Subsec. (c). Pub. L. 89–67 substituted "$10,000" for "$1,000".

§9804. Salvage claims by United States

(a) The Secretary of the Air Force may settle, or compromise, and receive payment of a claim by the United States for salvage services performed by the Department of the Air Force. Amounts received under this section shall be covered into the Treasury.

(b) In any case where the amount to be received by the United States is not more than $10,000, the Secretary of the Air Force may delegate his authority under subsection (a) to any person designated by him.

(Aug. 10, 1956, ch. 1041, 70A Stat. 592; Pub. L. 92–417, §1(8), Aug. 29, 1972, 86 Stat. 655.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
9804 10:1863. Oct. 20, 1951, ch. 524, §3, 65 Stat. 573.

The words "under this section" are substituted for the words "for salvage services rendered". The words "consider, ascertain, adjust, determine" are omitted as covered by the word "settle", as defined in section 9801 of this title. The words "and receive payment of" are inserted for clarity and to conform to section 9803 of this title. The words "as miscellaneous receipts" are omitted as surplusage.


Editorial Notes

Amendments

1972Pub. L. 92–417 designated existing provisions as subsec. (a), and in subsec. (a) as so designated, eliminated the requirement that the Secretary of the Air Force discharge his functions under the direction of the Secretary of Defense, and added subsec. (b).

[§9805. Repealed. Pub. L. 86–533, §1(7)(A), June 29, 1960, 74 Stat. 246]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 592, related to reports to Congress with respect to claims under sections 9802, 9803, and 9804 of this title.

§9806. Settlement or compromise: final and conclusive

Notwithstanding any other provision of law, upon acceptance of payment the settlement or compromise of a claim under section 9802 or 9803 of this title is final and conclusive.

(Aug. 10, 1956, ch. 1041, 70A Stat. 593.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
9806 10:861 (35 words before 1st proviso).

10:862 (last 32 words of 2d sentence).

Oct. 20, 1951, ch. 524, §§1 (35 words before 1st proviso), 2 (last 32 words of 2d sentence), 65 Stat. 572, 573.

The words "for all purposes" and "to the contrary", in 10:1861 and 1862; "by the claimant and not until then", in 10:1861; and "but not until then", in 10:1862; are omitted as surplusage.