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10 USC CHAPTER 451 - MILITARY CLAIMS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 451 - MILITARY CLAIMS

.

-HEAD-

CHAPTER 451 - MILITARY CLAIMS

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Sec.

4801. Definition.

4802. Admiralty claims against the United States.

4803. Admiralty claims by United States.

4804. Salvage claims by United States.

(4805. Repealed.)

4806. Settlement or compromise: final and conclusive.

AMENDMENTS

1972 - Pub. L. 92-417, Sec. 1(2), Aug. 29, 1972, 86 Stat. 654,

substituted ''Admiralty claims against the United States'' for

''Damage by United States vessels; towage and salvage of United

States vessels'' in item 4802.

1960 - Pub. L. 86-533, Sec. 1(8)(B), June 29, 1960, 74 Stat. 247,

struck out item 4805 ''Reports to Congress''.

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10 USC Sec. 4801 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 451 - MILITARY CLAIMS

-HEAD-

Sec. 4801. Definition

-STATUTE-

In this chapter, the term ''settle'' means consider, ascertain,

adjust, determine, and dispose of a claim, whether by full or

partial allowance or by disallowance.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 270; Pub. L. 100-180, div. A,

title XII, Sec. 1231(19)(B), Dec. 4, 1987, 101 Stat. 1161.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4801 (No source). (No source).

-------------------------------

The revised section is inserted for clarity, and is based on

usage in the source laws for this revised chapter.

AMENDMENTS

1987 - Pub. L. 100-180 inserted ''the term'' after ''In this

chapter,''.

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10 USC Sec. 4802 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 451 - MILITARY CLAIMS

-HEAD-

Sec. 4802. Admiralty claims against the United States

-STATUTE-

(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.

(b) If a claim under subsection (a) is settled or compromised for

$500,000 or less, the Secretary of the Army 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 Army may delegate his authority

under subsection (a) to any person in the Department of the Army

designated by him.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 271; Pub. L. 89-67, July 7,

1965, 79 Stat. 212; Pub. L. 92-417, Sec. 1(1), Aug. 29, 1972, 86

Stat. 654; Pub. L. 101-189, div. A, title XVI, Sec. 1633, Nov. 29,

1989, 103 Stat. 1608.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4802(a) 4802(b) 10:1861 (less 35 Oct. 20, 1951, ch.

4802(c) words before 1st 524, Sec. 1 (less

proviso, and less 35 words before 1st

last proviso). proviso), 6 (as

10:1861 (last applicable to Sec.

proviso). 10:1866 1), 65 Stat. 572,

(as applicable to 573.

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. 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.

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 Army 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 Army,'' in

par. (2) inserted ''or to other property under the jurisdiction of

the Department of the Army; or,'' and added par. (3).

1965 - Subsec. (c). Pub. L. 89-67 substituted ''$10,000'' for

''$1,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4806 of this title.

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10 USC Sec. 4803 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 451 - MILITARY CLAIMS

-HEAD-

Sec. 4803. Admiralty claims by United States

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 271; Pub. L. 89-67, July 7,

1965, 79 Stat. 212; Pub. L. 101-189, div. A, title XVI, Sec. 1633,

Nov. 29, 1989, 103 Stat. 1608.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4803(a) 4803(b) 10:1862 (1st Oct. 20, 1951, ch.

sentence; 2d 524, Sec. 2 (less

sentence, less last last 32 words of 2d

32 words; and sentence), 6 (less

provisos of last applicability to

sentence). 10:1862 Sec. 1), 65 Stat.

(3d sentence; and 572, 573.

last sentence, less

provisos).

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.

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''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4806 of this title.

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10 USC Sec. 4804 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 451 - MILITARY CLAIMS

-HEAD-

Sec. 4804. Salvage claims by United States

-STATUTE-

(a) The Secretary of the Army may settle, or compromise, and

receive payment of a claim by the United States for salvage

services performed by the Department of the Army. Amounts received

under this section shall be covered into the Treasury.

(b) In any case where the amount to be received by the United

States is not more than $10,000, the Secretary of the Army may

delegate his authority under subsection (a) to any person

designated by him.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 271; Pub. L. 92-417, Sec. 1(3),

Aug. 29, 1972, 86 Stat. 654.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4804 10:1863. Oct. 20, 1951, ch.

524, Sec. 3, 65

Stat. 573.

-------------------------------

The words ''under this section'' are substituted for the words

''for salvage services rendered''. The words ''consider,

ascertain, adjust, determine'' are omitted as covered by the word

''settle'', as defined in section 4801 of this title. The words

''and receive payment of'' are inserted for clarity and to conform

to section 4803 of this title. The words ''as miscellaneous

receipts'' are omitted as surplusage.

AMENDMENTS

1972 - Pub. L. 92-417 designated existing provisions as subsec.

(a), struck out requirement that the Secretary of the Army

discharge his functions under the direction of the Secretary of

Defense, and added subsec. (b).

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10 USC Sec. 4805 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 451 - MILITARY CLAIMS

-HEAD-

(Sec. 4805. Repealed. Pub. L. 86-533, Sec. 1(8)(A), June 29, 1960,

74 Stat. 247)

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Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 271, related to

reports to Congress with respect to claims under sections 4802,

4803, and 4804 of this title.

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10 USC Sec. 4806 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 451 - MILITARY CLAIMS

-HEAD-

Sec. 4806. Settlement or compromise: final and conclusive

-STATUTE-

Notwithstanding any other provision of law, upon acceptance of

payment the settlement or compromise of a claim under section 4802

or 4803 of this title is final and conclusive.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 272.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4806 10:1861 (35 words Oct. 20, 1951, ch.

before 1st 524, Sec. 1 (35

proviso). 10:1862 words before 1st

(last 32 words of proviso), 2 (last

2d sentence). 32 words of 2d

sentence), 65 Stat.

572, 573.

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The words ''for all purposes'' and ''to the contrary'', in

10:1861 and 1862; ''by the claimant and not until then'', in

10:1861; and ''but not until then'', in 10:1862; are omitted as

surplusage.

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