dreamproit/uscode huggingface dataset:
10 U.S.C. § 4801 (ARMED FORCES)
§ 4801. Definition
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 270; Pub. L. 100–180, div. A, title XII, § 1231(19)(B), Dec. 4, 1987, 101 Stat. 1161.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
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.
heading: Amendments
text: 1987—Pub. L. 100–180 inserted “the term” after “In this chapter,”.
10 U.S.C. § 4802 (ARMED FORCES)
§ 4802. Admiralty claims against the United States
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 271; 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.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4802(a)
4802(b)
4802(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” 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.
heading: Amendments
text: 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”.
10 U.S.C. § 4803 (ARMED FORCES)
§ 4803. Admiralty claims by United States
(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.
(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, § 1633, Nov. 29, 1989, 103 Stat. 1608.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4803(a)
4803(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.
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.
heading: Amendments
text: 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”.
10 U.S.C. § 4804 (ARMED FORCES)
§ 4804. Salvage claims by United States
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 271; Pub. L. 92–417, § 1(3), Aug. 29, 1972, 86 Stat. 654.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4804
10:1863.
Oct. 20, 1951, ch. 524, § 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.
heading: Amendments
text: 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).
10 U.S.C. § 4805 (ARMED FORCES)
[§ 4805. Repealed. Pub. L. 86–533, § 1(8)(A), June 29, 1960, 74 Stat. 247]
text: 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.
10 U.S.C. § 4806 (ARMED FORCES)
§ 4806. Settlement or compromise: final and conclusive
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 272.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4806
10:1861 (35 words before 1st proviso).
10:1862 (last 32 words of 2d sentence).
Oct. 20, 1951, ch. 524, §§ 1 (35 words before 1st proviso), 2 (last 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.
10 U.S.C. § 4831 (ARMED FORCES)
§ 4831. Custody of departmental records and property
The Secretary of the Army has custody and charge of all books, records, papers, furniture, fixtures, and other property under the lawful control of the executive part of the Department of the Army.
(Aug. 10, 1956, ch. 1041, 70A Stat. 272.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4831
5:191.
R.S. 217.
The words “under the lawful control of the executive part of the Department of the Army” are substituted for the words “appertaining to the Department”.
10 U.S.C. § 4832 (ARMED FORCES)
[§ 4832. Repealed. Pub. L. 110–181, div. A, title III, § 375(c)(1)(A), Jan. 28, 2008, 122 Stat. 83]
text: Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 272, authorized Secretary of the Army to prescribe regulations for the accounting for Army property.
10 U.S.C. § 4833 (ARMED FORCES)
[§ 4833. Repealed. Pub. L. 87–480, § 1(2), June 8, 1962, 76 Stat. 94]
text: Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 272, related to accountability of Army officers for public money. See section 2773 of this title.
10 U.S.C. § 4834 (ARMED FORCES)
[§ 4834. Repealed. Pub. L. 92–310, title II, § 204(a), June 6, 1972, 86 Stat. 202]
text: Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 272; Nov. 2, 1966, Pub. L. 89–718, § 31, 80 Stat. 1119, required commissioned officers of the Quartermaster Corps to give fidelity bonds.
10 U.S.C. § 4835 (ARMED FORCES)
[§ 4835. Repealed. Pub. L. 107–314, div. A, title X, § 1006(c)(1), Dec. 2, 2002, 116 Stat. 2633]
text: Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 273; Pub. L. 103–160, div. A, title III, § 362, Nov. 30, 1993, 107 Stat. 1628, related to actions taken upon reports of surveys and vouchers pertaining to the loss, spoilage, unserviceability, unsuitability, or destruction of or damage to property of the United States under the control of the Department of the Army.
heading: Effective Date of Repeal
text: Repeal applicable with respect to loss, spoilage, unserviceability, unsuitability, or destruction of, or damage to, property of United States under control of Department of Defense occurring on or after effective date of regulations prescribed pursuant to section 2787 of this title, see section 1006(d) of Pub. L. 107–314, set out as an Effective Date note under section 2787 of this title.
10 U.S.C. § 4836 (ARMED FORCES)
[§ 4836. Repealed. Pub. L. 110–181, div. A, title III, § 375(c)(1)(B), Jan. 28, 2008, 122 Stat. 83]
text: Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 273, prohibited unauthorized disposition of individual equipment by enlisted members of the Army.
10 U.S.C. § 4838 (ARMED FORCES)
§ 4838. Settlement of accounts: affidavit of company commander
In the settlement of the accounts of the commanding officer of a company for clothing and other military supplies, his affidavit may be received to show—
(1) that vouchers or company books were lost;
(2) anything tending to prove that any apparent deficiency of those articles was caused by unavoidable accident, or by loss in actual service without his fault; or
(3) that all or part of the clothing and supplies was properly used.
The affidavit may be used as evidence of the facts set forth, with or without other evidence, as determined by the Secretary of the Army to be just and proper under the circumstances.
(Aug. 10, 1956, ch. 1041, 70A Stat. 274.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4838
10:1302.
R.S. 225 (less 1st sentence); added Feb. 27, 1877, ch. 69 (3d par.), 19 Stat. 241.
The word “anything” is substituted for the words “any matter or circumstance”. The words “properly used” are substituted for the words “legally used and appropriated”. The words “of the case” are omitted as surplusage.
10 U.S.C. § 4839 (ARMED FORCES)
§ 4839. Settlement of accounts: oaths
The Secretary of the Army may detail any employee of the Department of the Army to administer oaths required by law in the settlement of an officer’s accounts for clothing and other military supplies. An oath administered under this section shall be without expense to the person to whom it is administered.
(Aug. 10, 1956, ch. 1041, 70A Stat. 274.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4839
10:1303.
R.S. 225 (1st sentence).
The words “and other military supplies” are substituted for the words “camp and garrison equipage, quartermaster’s stores, and ordnance” to conform to section 4838 of this title. The words “person to whom administered” are substituted for the words “parties taking them”. The words “for the purpose of” are omitted as surplusage.
10 U.S.C. § 4840 (ARMED FORCES)
§ 4840. Final settlement of officer’s accounts
Before final payment upon discharge may be made to an officer of the Army who has been accountable or responsible for public property, he must obtain a certificate of nonindebtedness to the United States from each officer to whom he was accountable or responsible for property. He must also make an affidavit, certified by his commanding officer to be correct, that he is not accountable or responsible for property to any other officer. An officer who has not been responsible for public property must make an affidavit of that fact, certified by his commanding officer. Compliance with this section warrants the final payment of the officer concerned.
(Aug. 10, 1956, ch. 1041, 70A Stat. 274.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4840
10:878.
Jan. 12, 1899, ch. 46, § 2, 30 Stat. 784.
The words “Before final payment upon discharge may be made” are substituted for the words “shall warrant their final payment”. The words “at any time” are omitted as surplusage. The word “must” is substituted for the words “shall be required * * * to”. The words “He must also make” are substituted for the words “accompanied by”. The words “from each officer to whom he was accountable or responsible for property” are substituted for the words “from only such of the bureaus of the Department of the Army to which the property for which they were accountable or responsible pertains”, since there is no longer a bureau structure within the Department of the Army. The words “that he is not accountable or responsible for property to any other officer” are substituted for the words “accompanied by the affidavits of officers, of nonaccountability or nonresponsibility to other bureaus of the Department of the Army”, for the same reason. The reference to certificates from the General Accounting Office is omitted as obsolete. The last sentence is substituted for 10:878 (last 18 words). The last proviso of section 2 of the act of January 12, 1899, ch. 46, 30 Stat. 784, is not contained in 10:878. It is also omitted from the revised section, since it related to authority of mustering officers to administer oaths and the general authority to administer oaths is now contained in section 936 of this title (article 136 of the Uniform Code of Military Justice).
10 U.S.C. § 4841 (ARMED FORCES)
§ 4841. Payment of small amounts to public creditors
When authorized by the Secretary of the Army, a disbursing official of Army subsistence funds may keep a limited amount of those funds in the personal possession and at the risk of the disbursing official to pay small amounts to public creditors.
(Added Pub. L. 97–258, § 2(b)(10)(B), Sept. 13, 1982, 96 Stat. 1056.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4841
31:493.
Mar. 2, 1907, ch. 251 (proviso on p. 1166), 34 Stat. 1166.
The title of Secretary of War was changed to Secretary of the Army by section 205(a) of the Act of July 26, 1947 (ch. 343, 61 Stat. 501), and by sections 1 and 53 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 157, 676). The word “When” is substituted for “as shall from time to time be” to eliminate unnecessary words. The words “disbursing official” are substituted for “Officers intrusted with the disbursement” for consistency.
10 U.S.C. § 4842 (ARMED FORCES)
§ 4842. Settlement of accounts of line officers
The Comptroller General shall settle the account of a line officer of the Army for pay due the officer even if the officer cannot account for property entrusted to the officer or cannot make a monthly report or return, when the Comptroller General is satisfied that the inability to account for property or make a report or return was the result of the officer having been a prisoner, or of an accident or casualty of war.
(Added Pub. L. 97–258, § 2(b)(10)(B), Sept. 13, 1982, 96 Stat. 1057.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4842
31:44 (1st sentence).
June 10, 1921, ch. 18, § 304 (1st par. 1st sentence), 42 Stat. 24.
31:95.
R.S. § 278.
The words “Comptroller General” are substituted for “General Accounting Office” for consistency. The words “audit and” are omitted as surplus. The words “for their services as such” and “by the affidavit of the officer or otherwise” are omitted as surplus. The words “to account for property or make a report or return” are added for clarity. The words “in the hands of the enemy” are omitted as surplus.
10 U.S.C. § 5011 (ARMED FORCES)
§ 5011. Organization
The Department of the Navy is separately organized under the Secretary of the Navy. It operates under the authority, direction, and control of the Secretary of Defense.
(Aug. 10, 1956, ch. 1041, 70A Stat. 277; Pub. L. 87–651, title II, § 212, Sept. 7, 1962, 76 Stat. 524; Pub. L. 99–433, title V, § 511(b)(2), (c)(1), Oct. 1, 1986, 100 Stat. 1043.)
heading: Historical and Revision Notes
heading: 1956 Act
text: The Act of July 26, 1947, ch. 343, as amended (5 U.S.C. 411a(a)) which is the National Security Act of 1947, defined “Department of the Navy”. The Acts of Mar. 5, 1948, ch. 98 (5 U.S.C. 423a(a)), and Aug. 2, 1946, ch. 756 (5 U.S.C. 421g) defined “Naval Establishment”. The terms “Department of the Navy” and “Naval Establishment” are considered to be synonymous. All three definitions were considered, but the phraseology adopted is that of the National Security Act of 1947. The phrase “as a service in the Navy” is substituted for “as a part of the Navy” to conform to the provisions of title 14.
1962 Act
Revised section
Source (U.S. Code)
Source (Statutes at Large)
5011
5:171a(c)(7) (1st sentence, less applicability to Departments of Army and Air Force).
July 26, 1947, ch. 343, § 202(c)(7) (1st sentence, less applicability to Departments of Army and Air Force); added Aug. 6, 1958, Pub. L. 85–599, § 3(a) (1st sentence of 8th par., less applicability to Departments of Army and Air Force), 72 Stat. 516.
The words “to include naval aviation and the United States Marine Corps” are omitted as covered by the first sentence of section 5011. The word “operates” is substituted for the words “shall function”.
heading: Amendments
text: 1986—Pub. L. 99–433, § 511(c)(1), substituted “Organization” for “Composition” in section catchline.
Pub. L. 99–433, § 511(b)(2), struck out the last two sentences which read as follows: “It is composed of the executive part of the Department of the Navy; the Headquarters, United States Marine Corps; the entire operating forces, including naval aviation, of the United States Navy and of the United States Marine Corps, and the reserve components of those operating forces; and all field activities, headquarters, forces, bases, installations, activities, and functions under the control or supervision of the Secretary of the Navy. It includes the United States Coast Guard when it is operating as a service in the Navy.” See section 5061 of this title.
1962—Pub. L. 87–651 inserted sentences providing that the Department of the Navy is separately organized under the Secretary of the Navy, and that it operates under the authority, direction, and control of the Secretary of Defense.
10 U.S.C. § 5012 (ARMED FORCES)
§ 5012. Department of the Navy: seal
The Secretary of the Navy shall have a seal for the Department of the Navy. The design of the seal must be approved by the President. Judicial notice shall be taken of the seal.
(Added Pub. L. 99–433, title V, § 511(c)(2), Oct. 1, 1986, 100 Stat. 1043.)
heading: Prior Provisions
text: A prior section 5012 was renumbered section 5062 of this title.
10 U.S.C. § 5013a (ARMED FORCES)
§ 5013a. Secretary of the Navy: powers with respect to Coast Guard
(a) Whenever the Coast Guard operates as a service in the Navy under section 3 of title 14, the Secretary of the Navy has the same powers and duties with respect to the Coast Guard as the Secretary of Homeland Security has when the Coast Guard is not so operating.
(b) While operating as a service in the Navy, the Coast Guard is subject to the orders of the Secretary of the Navy, who may order changes in Coast Guard operations to make them uniform, to the extent he considers advisable, with Navy operations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 279, § 5032; Pub. L. 96–513, title V, § 513(3), Dec. 12, 1980, 94 Stat. 2931; renumbered § 5013a, Pub. L. 99–433, title V, § 511(c)(3), Oct. 1, 1986, 100 Stat. 1045; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
heading: Historical and Revision Notes
text: Subsection (a) is derived from 14 U.S.C. 5, and subsection (b) from the second sentence of 14 U.S.C. 3. These provisions are duplicated in this title for the purpose of producing a statement of the general powers of the Secretary of the Navy in this important area.
heading: Amendments
text: 2002—Subsec. (a). Pub. L. 107–296 substituted “Secretary of Homeland Security” for “Secretary of Transportation”.
1980—Subsec. (a). Pub. L. 96–513 substituted “Secretary of Transportation” for “Secretary of the Treasury”.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
10 U.S.C. § 5015 (ARMED FORCES)
§ 5015. Under Secretary of the Navy
(a) There is an Under Secretary of the Navy, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(b) The Under Secretary shall perform such duties and exercise such powers as the Secretary of the Navy may prescribe.
(Added Pub. L. 99–433, title V, § 511(c)(4), Oct. 1, 1986, 100 Stat. 1047.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 5033 of this title prior to enactment of Pub. L. 99–433.
heading: Order of Succession
text: For order of succession in event of death, permanent disability, or resignation of Secretary of the Navy, see Ex. Ord. No. 12879, Nov. 8, 1993, 58 F.R. 59929, listed in a table under section 3345 of Title 5.