10 U.S.C. § 8823 — Admiralty claims by the United States

Page 3396 TITLE 10—ARMED FORCES § 8823 Subsec. (c). Pub. L. 107–107, § 1014(a)(2), substituted ‘‘$1,000,000’’ for ‘‘$100,000’’. 1989—Subsec. (c). Pub. L. 101–189 substituted ‘‘$100,000’’ for ‘‘$10,000’’. 1972—Subsec. (a). Pub. L. 92–417 substituted ‘‘an admi- ralty claim against the United States’’ for ‘‘a claim against the United States’’ in text preceding par. (1), in par. (1) inserted ‘‘or by other property under the juris- diction of the Department of the Navy’’, in par. (2) in- serted ‘‘or to other property under the jurisdiction of the Department of the Navy’’, and added par. (3). 1965—Subsec. (c). Pub. L. 89–67 substituted ‘‘$10,000’’ for ‘‘$1,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–107, div. A, title X, § 1014(c), Dec. 28, 2001, 115 Stat. 1212, provided that: ‘‘The amendments made by this section [amending this section and section 7623 of this title] shall apply with respect to any claim ac- cruing on or after February 1, 2001.’’ § 8823. Admiralty claims by the United States (a) The Secretary of the Navy 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 Navy or property for which the Department has as- sumed 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 float- ing object; and (2) the net amount to be received by the United States is not more than $15,000,000. (b)(1) In exchange for payment of an amount found to be due the United States under this sec- tion, the Secretary may execute a release of the claim on behalf of the United States. (2)(A) Except as provided in subparagraph (B), amounts received under this section shall be covered into the Treasury as miscellaneous re- ceipts. (B) Amounts received under this section for damage or loss to property operated and main- tained with funds from a Department of Defense working capital fund or account shall be cred- ited to that fund or account. (c) In any case where the amount to be re- ceived by the United States is not more than $1,000,000, the Secretary may delegate his au- thority under this section to any person des- ignated by him. (d) Upon acceptance of payment by the Sec- retary, the settlement or compromise of a claim under this section is final and conclusive not- withstanding any other provision of law. (e) This section does not apply to any claim while there is pending as to that claim a suit filed by or against the United States. (Aug. 10, 1956, ch. 1041, 70A Stat. 472, § 7623; 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; Pub. L. 107–107, div. A, title X, § 1014(b), Dec. 28, 2001, 115 Stat. 1212; Pub. L. 110–417, [div. A], title X, § 1032, Oct. 14, 2008, 122 Stat. 4591; re- numbered § 8823, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7623 ......... 34 U.S.C. 600a. Dec. 5, 1945, ch. 555, § 1, 59 Stat. 596. 34 U.S.C. 600d. Dec. 5, 1945, ch. 555, § 4; added Aug. 2, 1946, ch. 742, 60 Stat. 806. 34 U.S.C. 600c. Dec. 5, 1945, ch. 555, § 3, 59 Stat. 596. In subsection (a) the words ‘‘consider, ascertain, ad- just, determine’’ are omitted as covered by the word ‘‘settle’’, as defined in section 7621(b) of this title. The words ‘‘of the United States’’ (following the word ‘‘property’’), ‘‘by contract or otherwise’’, and ‘‘thereto’’ are omitted as surplusage. The words ‘‘of a kind that is within the admiralty jurisdiction of’’ are substituted for the words ‘‘cognizable in admiralty in’’. The words ‘‘receive payment of a claim * * * if the net amount to be received by the United States is not more than $1,000,000’’ are substituted for the words ‘‘receive in payment of any such claim the amount due the United States pursuant to determination, compromise, or set- tlement as herein authorized * * * Provided, further, That no settlement or compromise where there is in- volved a payment in the net amount of over $1,000,000 shall be authorized by this Act’’. In subsection (b) the words ‘‘and to deliver’’ are omit- ted as covered by the word ‘‘execute’’. The words ‘‘Amounts received under this section’’ are substituted for the words ‘‘All such payments’’ for clarity and uni- formity. The words ‘‘of the United States as miscella- neous receipts’’ are omitted as surplusage. In subsection (c) the words ‘‘In any case where the amount to be received by the United States is not more than’’ are substituted for the words ‘‘Where the net amount received in settlement does not exceed’’ for clarity, since the delegation of authority necessarily precedes receipt of payment. The words ‘‘the Secretary may delegate his authority’’ are substituted for the words ‘‘the authority of the Secretary of the Navy * * * may be exercised’’ for clarity. In subsection (d) the words ‘‘but not until then’’, ‘‘for all purposes’’, and ‘‘to the contrary’’ are omitted as surplusage. Subsection (e) is worded to insure that the effect of a suit pending at any time is preserved and that the provision is not interpreted to apply only to suits that are pending on the date of enactment of this title. The first proviso of 34 U.S.C. 600a, stating that this section is supplementary to, and not in lieu of, other laws authorizing the settlement of claims, is omitted as unnecessary, since the other applicable claims laws are restated in this title. Editorial Notes PRIOR PROVISIONS Prior sections 8841 and 8842, added Pub. L. 85–861, § 1(192), Sept. 2, 1958, 72 Stat. 1535, related to separation or transfer to Retired Reserve of female reserve nurses and medical specialists at age 50 if in a Reserve grade below major and at age 55 if in a Reserve grade above captain, prior to repeal by Pub. L. 86–559, § 1(66), June 30, 1960, 74 Stat. 278. Prior sections 8843 to 8846 were repealed by Pub. L. 103–337, div. A, title XVI, § 1629(c)(3), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. Section 8843, added Pub. L. 85–861, § 1(192), Sept. 2, 1958, 72 Stat. 1535; amended Pub. L. 86–599, § 1(67), June 30, 1960, 74 Stat. 278, related to transfer or discharge of Page 3397 TITLE 10—ARMED FORCES § 8851 reserve commissioned officers 60 years of age and below grade of major general. See section 14510 of this title. Section 8844, added Pub. L. 85–861, § 1(192), Sept. 2, 1958, 72 Stat. 1535; amended Pub. L. 86–559, § 1(68), June 30, 1960, 74 Stat. 279, related to transfer or discharge of certain reserve major generals who are 62 years of age. See section 14511 of this title. Section 8845, added Pub. L. 85–861, § 1(192), Sept. 2, 1958, 72 Stat. 1535; amended Pub. L. 86–559, § 1(69), June 30, 1960, 74 Stat. 279; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059, related to trans- fer or discharge of certain reserve officers of Air Force who are 64 years of age. See section 14512(a) of this title. Section 8846, added Pub. L. 85–861, § 1(192), Sept. 2, 1958, 72 Stat. 1536; amended Pub. L. 104–106, div. A, title XV, § 1501(c)(32), Feb. 10, 1996, 110 Stat. 500, related to transfer or discharge of deferred officers. A prior section 8847, added Pub. L. 85–861, § 1(192), Sept. 2, 1958, 72 Stat. 1536; amended Pub. L. 86–559, § 1(70), June 30, 1960, 74 Stat. 279, provided for manda- tory retirement of female commissioned officers, Air Force nurses, and medical specialists on active duty in a Reserve grade below lieutenant colonel after comple- tion of 25 years of service computed under former sec- tion 8853, prior to repeal by Pub. L. 90–130, § 1(31)(A), Nov. 8, 1967, 81 Stat. 382. A prior section 8848, added Pub. L. 85–861, § 1(192), Sept. 2, 1958, 72 Stat. 1536; amended Pub. L. 86–559, § 1(71), June 30, 1960, 74 Stat. 279; Pub. L. 90–130, § 1(31)(B), Nov. 8, 1967, 81 Stat. 382; Pub. L. 90–486, § 9(2), Aug. 13, 1968, 82 Stat. 760; Pub. L. 96–513, title V, § 514(7), Dec. 12, 1980, 94 Stat. 2935; Pub. L. 99–145, title V, § 522(b)(1), title XIII, § 1303(a)(27)(A), Nov. 8, 1985, 99 Stat. 632, 740, related to transfer or discharge of reserve first lieutenants, captains, majors, and lieutenant colo- nels with 28 years of service, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1629(c)(3), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. See section 14501 et seq. of this title. A prior section 8849, added Pub. L. 85–861, § 1(192), Sept. 2, 1958, 72 Stat. 1536, related to separation or transfer to Retired Reserve of female reserve lieuten- ant colonels, except those designated under former sec- tion 8067 of this title, upon completion of 28 years of service, prior to repeal by Pub. L. 86–559, § 1(72), June 30, 1960, 74 Stat. 279. A prior section 8850, added Pub. L. 85–861, § 1(192), Sept. 2, 1958, 72 Stat. 1537; amended Pub. L. 90–168, § 2(22), Dec. 1, 1967, 81 Stat. 525; Pub. L. 104–106, div. A, title XV, § 1501(c)(25), Feb. 10, 1996, 110 Stat. 499, related to transfer or discharge of excessive reserve commis- sioned officers in active status with 30 or more years of service, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1629(c)(3), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. See sections 14514 and 14704 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7623 of this title as this section. 2008—Subsec. (b). Pub. L. 110–417 designated existing provisions as par. (1), struck out last sentence which read ‘‘Amounts received under this section shall be cov- ered into the Treasury.’’, and added par. (2). 2001—Subsec. (a)(2). Pub. L. 107–107, § 1014(b)(1), sub- stituted ‘‘$15,000,000’’ for ‘‘$1,000,000’’. Subsec. (c). Pub. L. 107–107, § 1014(b)(2), substituted ‘‘$1,000,000’’ for ‘‘$100,000’’. 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107–107 applicable with re- spect to any claim accruing on or after Feb. 1, 2001, see section 1014(c) of Pub. L. 107–107, set out as a note under section 8822 of this title. CHAPTER 883—PRIZE Sec. 8851. Scope of chapter. 8852. Jurisdiction. 8853. Court in which proceedings brought. 8854. Effect of failure to start proceedings. 8855. Appointment of prize commissioners and spe- cial prize commissioners. 8856. Duties of United States attorney. 8857. Duties of commanding officer of capturing vessel. 8858. Duties of prize master. 8859. Libel and proceedings by United States attor- ney. 8860. Duties of prize commissioners. 8861. Interrogation of witnesses by prize commis- sioners. 8862. Duties of marshal. 8863. Prize property appropriated for the use of the United States. 8864. Delivery of property on stipulation. 8865. Sale of prize. 8866. Mode of making sale. 8867. Transfer of prize property to another district for sale. 8868. Disposition of prize money. 8869. Security for costs. 8870. Costs and expenses a charge on prize prop- erty. 8871. Payment of costs and expenses from prize fund. 8872. Recaptures: award of salvage, costs, and ex- penses. 8873. Allowance of expenses to marshals. 8874. Payment of witness fees. 8875. Commissions of auctioneers. 8876. Compensation of prize commissioners and special prize commissioners. 8877. Accounts of clerks of district courts. 8878. Interfering with delivery, custody, or sale of prize property. 8879. Powers of district court over prize property notwithstanding appeal. 8880. Appeals and amendments in prize causes. 8881. Reciprocal privileges to cobelligerent. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 807(e)(4), (f)(1), Aug. 13, 2018, 132 Stat. 1838, redesignated chapter 655 of this title as this chapter and items 7651 to 7681 as 8851 to 8881, respectively. § 8851. Scope of chapter (a) This chapter applies to all captures of ves- sels as prize during war by authority of the United States or adopted and ratified by the President. However, this chapter does not affect the right of the Army, the Air Force, or the Space Force, while engaged in hostilities, to capture wherever found and without prize proce- dure— (1) enemy property; or (2) neutral property used or transported in violation of the obligations of neutrals under international law.