§7803 — Title 10 Armed Forces | U.S. Code

Summary

With direction from the Secretary of Defense, the Secretary of the Army can settle and accept payment for U.S. claims for damage to property the Army controls or has agreed to cover. This can happen when the claim is a maritime case a federal court would handle or when the damage was caused by a vessel or floating object, and the amount to be paid to the United States is $500,000 or less. After payment, the Secretary can sign a release for the claim and must deposit the money into the U.S. Treasury. If the amount is $100,000 or less, the Secretary may let any Army official he chooses handle and sign the settlement.

Title 10, §7803

Armed Forces — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (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), 65 Stat. 572, 573. 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.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 4803 of this title as this section. 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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§7803 Admiralty Claims by United States

Summary

Title 10, §7803

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata