US (United States) Code. Title 10. Subtitle C: Navy and Marine Corps. Chapter 653: Claims

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Armed Forces. General administration

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10 USC CHAPTER 653 - CLAIMS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 653 - CLAIMS

.

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CHAPTER 653 - CLAIMS

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Sec.

7621. Definitions.

7622. Admiralty claims against the United States.

7623. Admiralty claims by the United States.

(7624, 7625. Repealed.)

AMENDMENTS

1962 - Pub. L. 87-769, Sec. 1(2)(B), Oct. 9, 1962, 76 Stat. 768,

struck out item 7625 ''Claims against the United States: private

property; loss or damage''.

1960 - Pub. L. 86-533, Sec. 1(10)(B), June 29, 1960, 74 Stat.

247, struck out item 7624 ''Reports to Congress''.

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10 USC Sec. 7621 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 653 - CLAIMS

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Sec. 7621. Definitions

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(a) In this chapter ''vessel in the naval service'' means -

(1) any vessel of the Navy, manned by the Navy, or chartered on

bareboat charter to the Navy; or

(2) when the Coast Guard is operating as a service in the Navy,

any vessel of the Coast Guard, manned by the Coast Guard, or

chartered on bareboat charter to the Coast Guard.

(b) In this chapter ''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. 472.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

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7621 46 U.S.C. 793. July 3, 1944, ch.

399, Sec. 3, 58

Stat. 724.

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In subsection (a) the words ''vessel in the naval service'' 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 vessels 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.

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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 relating 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

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

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10 USC Sec. 7622 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 653 - CLAIMS

-HEAD-

Sec. 7622. Admiralty claims against the United States

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(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 jurisdiction 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 Department of the

Navy; or

(3) damage caused by a maritime tort committed by any agent or

employee of the Department 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 Secretary 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 delegate his authority under this

section to any person designated by him.

(d) Upon acceptance of payment by the claimant, the settlement or

compromise of a claim under this section is final and conclusive

notwithstanding any other provision of law.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 472; Pub. L. 89-67, July 7,

1965, 79 Stat. 212; Pub. L. 92-417, Sec. 1(5), Aug. 29, 1972, 86

Stat. 654; Pub. L. 101-189, div. A, title XVI, Sec. 1633, Nov. 29,

1989, 103 Stat. 1608; Pub. L. 107-107, div. A, title X, Sec.

1014(a), Dec. 28, 2001, 115 Stat. 1212.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

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7622 46 U.S.C. 797. July 3, 1944, ch.

399, Sec. 7, 58

Stat. 726.

46 U.S.C. 799. July 3, 1944, ch.

399, Sec. 9; added

Aug. 2, 1946, ch.

739, 60 Stat. 803.

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In subsection (a) the words ''consider, ascertain, adjust,

determine'' are omitted as covered by the word ''settle'', as

defined in Sec. 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 Sec.

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 section''.

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 necessarily 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, forbidding 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 enactment 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.

AMENDMENTS

2001 - Subsecs. (a), (b). Pub. L. 107-107, Sec. 1014(a)(1),

substituted ''$15,000,000'' for ''$1,000,000''.

Subsec. (c). Pub. L. 107-107, Sec. 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 admiralty

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 jurisdiction of the Department of the

Navy'', in par. (2) inserted ''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''.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title X, Sec. 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 accruing on or after February

1, 2001.''

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10 USC Sec. 7623 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 653 - CLAIMS

-HEAD-

Sec. 7623. Admiralty claims by the United States

-STATUTE-

(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 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 net amount to be received by the United States is not

more than $15,000,000.

(b) In exchange for payment of an amount found to be due the

United States under this section, the Secretary 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 $1,000,000, the Secretary may delegate his

authority under this section to any person designated by him.

(d) Upon acceptance of payment by the Secretary, the settlement

or compromise of a claim under this section is final and conclusive

notwithstanding 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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 472; 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; Pub. L. 107-107, div. A, title X,

Sec. 1014(b), Dec. 28, 2001, 115 Stat. 1212.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

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7623 34 U.S.C. 600a. Dec. 5, 1945, ch.

555, Sec. 1, 59

Stat. 596.

34 U.S.C. 600d. Dec. 5, 1945, ch.

555, Sec. 4; added

Aug. 2, 1946, ch.

742, 60 Stat. 806.

34 U.S.C. 600c. Dec. 5, 1945, ch.

555, Sec. 3, 59

Stat. 596.

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In subsection (a) the words ''consider, ascertain, adjust,

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 settlement as herein authorized * * * Provided,

further, That no settlement or compromise where there is involved 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 omitted as

covered by the word ''execute''. The words ''Amounts received under

this section'' are substituted for the words ''All such payments''

for clarity and uniformity. The words ''of the United States as

miscellaneous 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.

AMENDMENTS

2001 - Subsec. (a)(2). Pub. L. 107-107, Sec. 1014(b)(1),

substituted ''$15,000,000'' for ''$1,000,000''.

Subsec. (c). Pub. L. 107-107, Sec. 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''.

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-107 applicable with respect 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 7622 of this title.

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10 USC Sec. 7624 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 653 - CLAIMS

-HEAD-

(Sec. 7624. Repealed. Pub. L. 86-533, Sec. 1(10)(A), June 29, 1960,

74 Stat. 247)

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Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 473, related to

reports to Congress with respect to amounts paid or received under

sections 7622 and 7623 of this title.

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10 USC Sec. 7625 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 653 - CLAIMS

-HEAD-

(Sec. 7625. Repealed. Pub. L. 87-769, Sec. 1(2)(A), Oct. 9, 1962,

76 Stat. 768)

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Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 473, related to

settlement of claims for damage to or loss of privately owned

property. See section 2736 of this title.

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