§ 646. — Admiralty claims against the United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 14USC646]
TITLE 14--COAST GUARD
PART I--REGULAR COAST GUARD
CHAPTER 17--ADMINISTRATION
Sec. 646. Admiralty claims against the United States
(a) The Secretary may consider, ascertain, adjust, determine,
compromise, or settle, and pay in an amount not more than $100,000, an
admiralty claim against the United States for--
(1) damage caused by a vessel in the Coast Guard service or by
other property under the jurisdiction of the Department in which the
Coast Guard is operating;
(2) compensation for towage and salvage services, including
contract salvage, rendered to a vessel in the Coast Guard service or
to other property under the jurisdiction of the Department in which
the Coast Guard is operating; or
(3) damage caused by a maritime tort committed by an agent or
employee of the Department in which the Coast Guard is operating or
by property under the jurisdiction of that Department.
(b) Upon acceptance of payment by the claimant, the settlement or
compromise of a claim under this section is final and conclusive
notwithstanding any other law.
(c) If a claim under this section is settled or compromised for more
than $100,000, the Secretary shall certify it to Congress.
(Aug. 4, 1949, ch. 393, 63 Stat. 548; Pub. L. 86-533, Sec. 1(3)(A), June
29, 1960, 74 Stat. 245; Pub. L. 92-417, Sec. 2(a), Aug. 29, 1972, 86
Stat. 655.)
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., Sec. 71 (June 15, 1936, ch.
550, 49 Stat. 1514; July 1, 1944, ch. 373, title VII, Sec. 711, 58 Stat.
714; Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1051).
This section closely parallels title 46, U.S.C., 1946 ed.,
Secs. 797, 798, which authorizes the Secretary of the Navy to negotiate
amicable settlement of claims against the United States arising out of
the operation of Naval vessels. It grants similar authority to the
Secretary of the Treasury in relation to vessels in the Coast Guard
service, and the limiting amount is reduced from $1,000,000 to $25,000.
It is believed that this section will work to the benefit of the
Government by reducing civil litigation and the number of claims which
must presently be certified to Congress for appropriations in order to
make settlement. It will greatly expedite the settlement of just claims
and should result in a considerable overall savings to the Government.
81st Congress, House Report No. 557.
Amendments
1972--Subsec. (a). Pub. L. 92-417 incorporated in part first
sentence of former subsec. (a) in text preceding par. (1), substituted
``Secretary'' for ``Secretary of the Treasury'', inserted provisions
authorizing payments up to $100,000, struck out second, third, and
fourth sentences providing that provisions of this section were
supplementary to other provisions, that claims in excess of $3,000
accrued prior to Sept. 8, 1939, would not be considered, and that
payments be made out of Coast Guard appropriations, and added pars. (1)
to (3).
Subsec. (b). Pub. L. 92-417 incorporated in part first sentence of
former subsec. (a).
Subsec. (c). Pub. L. 92-417 incorporated provisions of last sentence
of former subsec. (a) and substituted ``100,000'' for ``25,000''.
1960--Subsec. (b). Pub. L. 86-533 repealed subsec. (b) which
required the Secretary of the Treasury to report to the Congress the
payment of claims determined, compromised, settled, or paid.
Section Referred to in Other Sections
This section is referred to in sections 827, 828 of this title.
