-CITE- 10 USC CHAPTER 451 - MILITARY CLAIMS 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 451 - MILITARY CLAIMS -HEAD- CHAPTER 451 - MILITARY CLAIMS -MISC1- Sec. 4801. Definition. 4802. Admiralty claims against the United States. 4803. Admiralty claims by United States. 4804. Salvage claims by United States. [4805. Repealed.] 4806. Settlement or compromise: final and conclusive. AMENDMENTS 1972 - Pub. L. 92-417, Sec. 1(2), Aug. 29, 1972, 86 Stat. 654, substituted "Admiralty claims against the United States" for "Damage by United States vessels; towage and salvage of United States vessels" in item 4802. 1960 - Pub. L. 86-533, Sec. 1(8)(B), June 29, 1960, 74 Stat. 247, struck out item 4805 "Reports to Congress". -End- -CITE- 10 USC Sec. 4801 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 451 - MILITARY CLAIMS -HEAD- Sec. 4801. Definition -STATUTE- 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. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 270; Pub. L. 100-180, div. A, title XII, Sec. 1231(19)(B), Dec. 4, 1987, 101 Stat. 1161.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section 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. AMENDMENTS 1987 - Pub. L. 100-180 inserted "the term" after "In this chapter,". -End- -CITE- 10 USC Sec. 4802 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 451 - MILITARY CLAIMS -HEAD- Sec. 4802. Admiralty claims against the United States -STATUTE- (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. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 271; Pub. L. 89-67, July 7, 1965, 79 Stat. 212; Pub. L. 92-417, Sec. 1(1), Aug. 29, 1972, 86 Stat. 654; Pub. L. 101-189, div. A, title XVI, Sec. 1633, Nov. 29, 1989, 103 Stat. 1608.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 4802(a) 10:1861 (less 35 words Oct. 20, 1951, ch. 524, before 1st proviso, and Secs. 1 (less 35 words less last proviso). before 1st proviso), 6 (as applicable to Sec. 1), 65 Stat. 572, 573. 4802(b) 4802(c) 10:1861 (last proviso). 10:1866 (as applicable to 10:1861). -------------------------------------------------------------------- In subsection (a), the words "consider, ascertain, adjust, determine" are omitted as covered by the word "settle", as defined in section 4801 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. 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 Army 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 Army," in par. (2) inserted "or to other property under the jurisdiction of the Department of the Army; or," and added par. (3). 1965 - Subsec. (c). Pub. L. 89-67 substituted "$10,000" for "$1,000". -End- -CITE- 10 USC Sec. 4803 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 451 - MILITARY CLAIMS -HEAD- Sec. 4803. Admiralty claims by United States -STATUTE- (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. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 271; Pub. L. 89-67, July 7, 1965, 79 Stat. 212; Pub. L. 101-189, div. A, title XVI, Sec. 1633, Nov. 29, 1989, 103 Stat. 1608.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 4803(a) 10:1862 (1st sentence; 2d Oct. 20, 1951, ch. 524, sentence, less last 32 Secs. 2 (less last 32 words; and provisos of words of 2d sentence), 6 last sentence). (less applicability to Sec. 1), 65 Stat. 572, 573. 4803(b) 10:1862 (3d sentence; and last sentence, less provisos). 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 section 4801 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. 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". -End- -CITE- 10 USC Sec. 4804 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 451 - MILITARY CLAIMS -HEAD- Sec. 4804. Salvage claims by United States -STATUTE- (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. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 271; Pub. L. 92-417, Sec. 1(3), Aug. 29, 1972, 86 Stat. 654.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 4804 10:1863. Oct. 20, 1951, ch. 524, Sec. 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 4801 of this title. The words "and receive payment of" are inserted for clarity and to conform to section 4803 of this title. The words "as miscellaneous receipts" are omitted as surplusage. AMENDMENTS 1972 - Pub. L. 92-417 designated existing provisions as subsec. (a), struck out requirement that the Secretary of the Army discharge his functions under the direction of the Secretary of Defense, and added subsec. (b). -End- -CITE- 10 USC Sec. 4805 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 451 - MILITARY CLAIMS -HEAD- Sec. 4805. Repealed. -MISC1- [Sec. 4805. Repealed. Pub. L. 86-533, Sec. 1(8)(A), June 29, 1960, 74 Stat. 247]. Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 271, related to reports to Congress with respect to claims under sections 4802, 4803, and 4804 of this title. -End- -CITE- 10 USC Sec. 4806 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 451 - MILITARY CLAIMS -HEAD- Sec. 4806. Settlement or compromise: final and conclusive -STATUTE- Notwithstanding any other provision of law, upon acceptance of payment the settlement or compromise of a claim under section 4802 or 4803 of this title is final and conclusive. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 272.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 4806 10:1861 (35 words before Oct. 20, 1951, ch. 524, 1st proviso). Secs. 1 (35 words before 1st proviso), 2 (last 32 words of 2d sentence), 65 Stat. 572, 573. 10:1862 (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. -End-