10 U.S.C. § 8822 — Admiralty claims against the United

Page 3395 TITLE 10—ARMED FORCES § 8822 claim, whether by full or partial allowance or by disallowance. (Aug. 10, 1956, ch. 1041, 70A Stat. 472, § 7621; re- numbered § 8821, 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) 7621 ......... 46 U.S.C. 793. July 3, 1944, ch. 399, § 3, 58 Stat. 724. In subsection (a) the words ‘‘vessel in the naval serv- ice’’ are substituted for the words ‘‘vessels of the Navy or in the naval service’’. The defined term is used throughout the chapter, and by definition includes ves- sels of the Navy. The words ‘‘when the Coast Guard is operating as a service in the Navy’’ are substituted for the words ‘‘the Coast Guard when operating as a part of the Navy’’ to conform to the terminology of 14 U.S.C. 3. Subsection (b) is inserted for clarity, and is based on the source laws for this revised chapter. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7621 of this title as this section. 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. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 8822. Admiralty claims against the United States (a) The Secretary of the Navy may settle, or compromise, and pay in an amount not more than $15,000,000 an admiralty claim against the United States for— (1) damage caused by a vessel in the naval service or by other property under the juris- diction of the Department of the Navy; (2) compensation for towage and salvage service, including contract salvage, rendered to a vessel in the naval service or to other property under the jurisdiction of the Depart- ment of the Navy; or (3) damage caused by a maritime tort com- mitted by any agent or employee of the De- partment of the Navy or by property under the jurisdiction of the Department of the Navy. (b) If a claim under this section is settled or compromised for more than $15,000,000, the Sec- retary shall certify it to Congress. (c) In any case where the amount to be paid is not more than $1,000,000, the Secretary may del- egate his authority under this section to any person designated by him. (d) Upon acceptance of payment by the claim- ant, the settlement or compromise of a claim under this section is final and conclusive not- withstanding any other provision of law. (Aug. 10, 1956, ch. 1041, 70A Stat. 472, § 7622; Pub. L. 89–67, July 7, 1965, 79 Stat. 212; Pub. L. 92–417, § 1(5), Aug. 29, 1972, 86 Stat. 654; Pub. L. 101–189, div. A, title XVI, § 1633, Nov. 29, 1989, 103 Stat. 1608; Pub. L. 107–107, div. A, title X, § 1014(a), Dec. 28, 2001, 115 Stat. 1212; renumbered § 8822, 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) 7622 ......... 46 U.S.C. 797. July 3, 1944, ch. 399, § 7, 58 Stat. 726. 46 U.S.C. 799. July 3, 1944, ch. 399, § 9; added Aug. 2, 1946, ch. 739, 60 Stat. 803. In subsection (a) the words ‘‘consider, ascertain, ad- just, determine’’ are omitted as covered by the word ‘‘settle’’, as defined in § 7621(b) of this title. The words ‘‘vessel in the naval service’’ are substituted for the words ‘‘vessels of the Navy or in the naval service’’, in view of the definition in § 7621(a) of this title. The words ‘‘pay in an amount not more than $1,000,000, a claim’’ are substituted for the words ‘‘pay the amount of any claim, so determined, compromised, or settled’’ and for the words ‘‘the payment of any claim on which a net amount exceeding $1,000,000 is determined to be due from the United States, or which is compromised or settled at a net amount exceeding $1,000,000 payable by the United States, shall not be authorized by this sec- tion’’. In subsection (c) the words ‘‘In any case where the amount to be paid is not more than’’ are substituted for the words ‘‘When the net amount paid in settlement does not exceed’’ for clarity, since the delegation nec- essarily precedes 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 by’’ for clarity. In subsection (d) the words ‘‘but not until then’’, ‘‘for all purposes’’, and ‘‘to the contrary’’ are omitted as surplusage. The first proviso in 46 U.S.C. 797, 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. The second proviso, forbid- ding consideration of claims for more than $3,000 if they accrued before Sept. 8, 1939, is omitted as obsolete. It was designed to avoid reviving stale claims upon en- actment of the source law on July 3, 1944. However, as a matter of practice, no claims are settled under this authority which are more than two years old, in line with the two-year statute of limitations contained in the Suits in Admiralty Act and the Public Vessels Act. This limitation has been officially publicized in the Federal Register for May 22, 1947, p. 3296, and in 32 C.F.R. 752. The third proviso in 46 U.S.C. 797 is omitted as unnecessary, since the appropriation named therein no longer exists, and the payments are now made from appropriations for the Department of Defense. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7622 of this title as this section. 2001—Subsecs. (a), (b). Pub. L. 107–107, § 1014(a)(1), sub- stituted ‘‘$15,000,000’’ for ‘‘$1,000,000’’. 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