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Title 10 — Armed Forces

Part IV · Chapter 981 — Military Claims

§ 9802. Admiralty claims against the United States

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 592 · 70A Stat. 592

    Enacted · 10 U.S.C. § 9802

    Aug. 10, 1956, ch. 1041, 70A Stat. 592

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 592

  2. Pub. L. 89–67 · 79 Stat. 212

    Substituted · 10 U.S.C. § 9802(c)

    Pub. L. 89–67 substituted “$10,000” for “$1,000”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 89–67 substituted “$10,000” for “$1,000”.

  3. Pub. L. 92–417 § 1(6) · 86 Stat. 654

    1. Substituted · 10 U.S.C. § 9802(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)

    2. Struck · 10 U.S.C. § 9802(a)

      Pub. L. 92–417 struck out requirement that the Secretary of the Air Force discharge his functions under the direction of the Secretary of Defense, in par. (1)

    3. Inserted · 10 U.S.C. § 9802(a)

      Pub. L. 92–417 inserted “or by other property under the jurisdiction of the Department of the Air Force”, in par. (2)

    4. Inserted · 10 U.S.C. § 9802(a)

      Pub. L. 92–417 inserted “or to other property under the jurisdiction of the Department of the Air Force”

    5. Added · 10 U.S.C. § 9802(a)

      Pub. L. 92–417 added par. (3)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (1) The section heading for section 4802 and section 4802(a) are amended to read as follows: “§ 4802. 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.”

  4. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 div. A title XVI § 1633 · 103 Stat. 1352

    Substituted · 10 U.S.C. § 9802(c)

    Pub. L. 101–189 substituted “$100,000” for “$10,000”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–189 substituted “$100,000” for “$10,000”.

    Enacted provision · exact public law section
    SEC. 1633. DELEGATION AUTHORITY WITH RESPECT TO ADMIRALTY CLAIMS BY OR AGAINST THE UNITED STATES Sections 4802(c), 4803(c), 7622(c), 7623(c), 9802(c), and 9803(c) of title 10, United States Code, are each amended by striking out “$10,000” and inserting in lieu thereof “$100,000”.

6 of 8 references resolved to an enrolled provision · 2 partial

Notes

historicalAndRevision
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

Amendments1965–1989 · 3 rounds

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”.

Credits

1956–1989 · 4 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 592
  2. 1965Pub. L. 89–67, , 79 Stat. 212
  3. 1972Pub. L. 92–417, § 1(6), , 86 Stat. 655
  4. 1989Pub. L. 101–189, div. A, title XVI, § 1633, , 103 Stat. 1608.
Show as published

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

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