§9803 — Title 10 Armed Forces | U.S. Code

Summary

With approval from the Secretary of Defense, the Secretary of the Air Force can settle and accept payment for U.S. claims for damage to Air Force property or property the Air Force agreed to handle. This applies to claims a federal maritime court would handle or damage caused by a vessel or floating object, and only when the amount is $500,000 or less. The Secretary can sign a release when payment is made, and the money is turned over to the Treasury. For amounts $100,000 or less, the Secretary may give these settlement and release powers to any Air Force official the Secretary names.

Title 10, §9803

Armed Forces — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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”.

§9803 Admiralty claims by United States