§9802 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of the Air Force can settle sea-related claims made against the United States. That covers three kinds of cases: damage caused by an Air Force ship or other Air Force property; payment for towing and salvage services (including contract salvage) for an Air Force ship or property; and damage at sea caused by an Air Force employee or by Air Force property. If a settlement is $500,000 or less, the Secretary can pay it. If it is more than $500,000, the Secretary must report it to Congress. For payments of $100,000 or less, the Secretary may let a designated Air Force official handle the settlement.

Title 10, §9802

Armed Forces — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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

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 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”.

§9802 Admiralty Claims Against the United States