10 U.S.C. § 9803: Admiralty claims by United…

Summary

With approval from the Secretary of Defense, the Secretary of the Air Force can settle and take payment for claims the United States has for damage to Air Force property or property the Air Force agreed to fix. The claim must be one a federal district court could hear in admiralty or must involve damage caused by a vessel or floating object, and the payment to the United States must be $500,000 or less. When the payment is made, the Secretary can sign a release for the United States and the money goes into the Treasury. For payments of $100,000 or less, the Secretary may let any person he names in the Department of the Air Force handle the settlement and release.

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