10 USC 8823 - Admiralty claims by the United States

U.S Code last checked for updates: Nov 23, 2024

§ 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 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)

(1)

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.

(2)

(A)

Except as provided in subparagraph (B), amounts received under this section shall be covered into the Treasury as miscellaneous receipts.

(B)

Amounts received under this section for damage or loss to property operated and maintained with funds from a Department of Defense working capital fund or account shall be credited to that fund or account.

(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.

(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; renumbered § 8823, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)

cite as: 10 USC 8823