10 U.S.C. § 7802 — Admiralty claims against the United States

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 196 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the Secretary of the Army settle admiralty damage claims people bring against the United States. These claims must involve Army vessels or property. Small claims can be paid directly; large ones go to Congress.

(a) The Secretary of the Army may settle or compromise an admiralty claim brought against the United States for: (1) damage caused by an Army vessel, or by other property under Army control; (2) payment owed for towing or salvage services — including contract salvage — given to an Army vessel or other Army property; or (3) damage caused by a maritime wrong (a tort) committed by an Army agent or employee, or by Army-controlled property. (b) If a claim under (a) is settled for $500,000 or less, the Secretary of the Army may pay it directly. If it's settled for more than $500,000, the Secretary must instead certify it to Congress rather than pay it directly. (c) For claims where the amount to be paid is $100,000 or less, the Secretary of the Army may hand off this settling authority to someone else in the Department of the Army.

the actual law source: uscode.house.gov ↗public domain

(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 credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 271, § 4802; Pub. L. 89–67, July 7, 1965, 79 Stat. 212; Pub. L. 92–417, § 1(1), Aug. 29, 1972, 86 Stat. 654; Pub. L. 101–189, div. A, title XVI, § 1633, Nov. 29, 1989, 103 Stat. 1608; renumbered § 7802, Pub. L. 115–232, div. A, title VIII, § 808(d), Aug. 13, 2018, 132 Stat. 1839.)

history & why it existsrecord from the source credit

1956Enacted · Act of Aug. 10, 1956, ch. 1041
1965Amended · Pub. L. 89-67 · 79 Stat. 212
1972Amended · Pub. L. 92-417 · 86 Stat. 654
1989Amended · Pub. L. 101-189 · 103 Stat. 1608
2018Amended · Pub. L. 115-232 · 132 Stat. 1839

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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