CHAPTER 781 —MILITARY CLAIMS
Editorial Notes
Amendments
2018—
1972—
1960—
§7801. 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,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 4801 | [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
2018—
1987—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7802. Admiralty claims against the United States
(a) The Secretary of the Army 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 Army or by other property under the jurisdiction of the Department of the Army;
(2) compensation for towage and salvage service, including contract salvage, rendered to a vessel of, or in the service of, the Department of the Army or to other property under the jurisdiction of the Department of the Army; or
(3) damage caused by a maritime tort committed by any agent or employee of the Department of the Army or by property under the jurisdiction of the Department of the Army.
(b) If a claim under subsection (a) is settled or compromised for $500,000 or less, the Secretary of the Army 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 Army may delegate his authority under subsection (a) to any person in the Department of the Army designated by him.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 4802(a) 4802(b) 4802(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), |
In subsection (a), the words "consider, ascertain, adjust, determine" are omitted as covered by the word "settle", as defined in
Editorial Notes
Amendments
2018—
1989—Subsec. (c).
1972—Subsec. (a).
1965—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7803. Admiralty claims by United States
(a) Under the direction of the Secretary of Defense, the Secretary of the Army 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 Army 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 Army 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 Army may delegate his authority under subsections (a) and (b) to any person in the Department of the Army designated by him.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 4803(a) 4803(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), |
| 4803(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
In subsection (b), the words "of the United States as miscellaneous receipts" and "to deliver" are omitted as surplusage.
Editorial Notes
Amendments
2018—
1989—Subsec. (c).
1965—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7804. Salvage claims by United States
(a) The Secretary of the Army may settle, or compromise, and receive payment of a claim by the United States for salvage services performed by the Department of the Army. 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 Army may delegate his authority under subsection (a) to any person designated by him.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 4804 | 10:1863. | Oct. 20, 1951, ch. 524, §3, |
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
Editorial Notes
Amendments
2018—
1972—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7806. Settlement or compromise: final and conclusive
Notwithstanding any other provision of law, upon acceptance of payment the settlement or compromise of a claim under
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 4806 | 10:1861 (35 words before 1st proviso). 10:1862 (last 32 words of 2d sentence). |
Oct. 20, 1951, ch. 524, §§1 (35 words before 1st proviso), 2 (last 32 words of 2d sentence), |
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.
Editorial Notes
Amendments
2018—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by