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10 USC CHAPTER 951 - MILITARY CLAIMS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 951 - MILITARY CLAIMS

.

-HEAD-

CHAPTER 951 - MILITARY CLAIMS

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Sec.

9801. Definition.

9802. Admiralty claims against the United States.

9803. Admiralty claims by United States.

9804. Salvage claims by United States.

(9805. Repealed.)

9806. Settlement or compromise: final and conclusive.

AMENDMENTS

1972 - Pub. L. 92-417, Sec. 1(7), Aug. 29, 1972, 86 Stat. 655,

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

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

States vessels'' in item 9802.

1960 - Pub. L. 86-533, Sec. 1(7)(B), June 29, 1960, 74 Stat. 247,

struck out item 9805 ''Reports to Congress''.

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10 USC Sec. 9801 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 951 - MILITARY CLAIMS

-HEAD-

Sec. 9801. 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. 591; 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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9801 (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. 9802 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 951 - MILITARY CLAIMS

-HEAD-

Sec. 9802. Admiralty claims against the United States

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 592; Pub. L. 89-67, July 7,

1965, 79 Stat. 212; Pub. L. 92-417, Sec. 1(6), Aug. 29, 1972, 86

Stat. 655; 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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9802(a) 9802(b) 10:1861 (less 35 Oct. 20, 1951, ch.

9802(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, 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.

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''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9806 of this title.

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10 USC Sec. 9803 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 951 - MILITARY CLAIMS

-HEAD-

Sec. 9803. Admiralty claims by United States

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 592; 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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9803(a) 9803(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).

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.

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 9806 of this title.

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10 USC Sec. 9804 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 951 - MILITARY CLAIMS

-HEAD-

Sec. 9804. Salvage claims by United States

-STATUTE-

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

receive payment of a claim by the United States for salvage

services performed by the Department of the Air Force. 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 Air Force may

delegate his authority under subsection (a) to any person

designated by him.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 592; Pub. L. 92-417, Sec. 1(8),

Aug. 29, 1972, 86 Stat. 655.)

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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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9804 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 9801 of this title. The words

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

to section 9803 of this title. The words ''as miscellaneous

receipts'' are omitted as surplusage.

AMENDMENTS

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

(a), and in subsec. (a) as so designated, eliminated the

requirement that the Secretary of the Air Force discharge his

functions under the direction of the Secretary of Defense, and

added subsec. (b).

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10 USC Sec. 9805 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 951 - MILITARY CLAIMS

-HEAD-

(Sec. 9805. Repealed. Pub. L. 86-533, Sec. 1(7)(A), June 29, 1960,

74 Stat. 246)

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Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 592, related to

reports to Congress with respect to claims under sections 9802,

9803, and 9804 of this title.

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10 USC Sec. 9806 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 951 - MILITARY CLAIMS

-HEAD-

Sec. 9806. 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 9802

or 9803 of this title is final and conclusive.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 593.)

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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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9806 10:861 (35 words Oct. 20, 1951, ch.

before 1st 524, Sec. 1 (35

proviso). 10:862 words before 1st

(last 32 words of proviso), 2 (last

2d sentence). 32 words of 2d

sentence), 65 Stat.

572, 573.

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

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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