§ 647. — Claims for damage to property of 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: 14USC647]
TITLE 14--COAST GUARD
PART I--REGULAR COAST GUARD
CHAPTER 17--ADMINISTRATION
Sec. 647. Claims for damage to property of the United States
The Secretary may consider, ascertain, adjust, determine,
compromise, or settle claims for damage cognizable in admiralty in a
district court of the United States and all claims for damage caused by
a vessel or floating object, to property of the United States under the
jurisdiction of the Coast Guard or property for which the Coast Guard
may have assumed, by contract or otherwise, any obligation to respond
for damage thereto. The Secretary is further authorized to receive in
payment of any such claim the amount due the United States pursuant to
determination, compromise, or settlement as herein authorized and, upon
acceptance of such payment but not until then, such determination,
settlement, or compromise of such claim shall be final and conclusive
for all purposes, any law to the contrary notwithstanding. All such
payments shall be deposited in the Treasury of the United States as
miscellaneous receipts. The Secretary is further authorized to execute
on behalf of the United States and to deliver in exchange for such
payment a full release of such claim. This section, as respects the
determination, compromise, settlement, and payment of claims, shall be
supplementary to, and not in lieu of, all other provisions of law
authorizing the determination, compromise, or settlement of claims for
damage to property hereinabove described. No settlement or compromise
where there is involved a payment in the net amount of over $100,000 is
authorized by this section.
(Aug. 4, 1949, ch. 393, 63 Stat. 549; Pub. L. 86-533, Sec. 1(3)(B), June
29, 1960, 74 Stat. 245; Pub. L. 94-546, Sec. 1(34), Oct. 18, 1976, 90
Stat. 2521; Pub. L. 98-557, Sec. 17(b)(3)(A), Oct. 30, 1984, 98 Stat.
2868.)
Historical and Revision Notes
This section closely parallels title 34, U.S.C., 1946 ed.,
Secs. 600a, 600b, which authorize the Secretary of the Navy to negotiate
amicable settlements of affirmative claims of the United States for
damage to Government property. Experience gained by the Navy since
enactment of title 34, U.S.C., 1946 ed., Secs. 600a-600d, indicates that
such amicable settlement reacts to the benefit of the Government in many
cases. The provisions of this section would complement those of section
646 of this title and the two sections together would permit the Coast
Guard to negotiate the settlement of claims arising out of Coast Guard
floating operations, both for and against the United States. 81st
Congress, House Report No. 557.
Amendments
1984--Pub. L. 98-557 substituted ``$100,000'' for ``$25,000''.
1976--Pub. L. 94-546 struck out subsection designation ``(a)'' and
substituted ``Secretary'' for ``Secretary of the Treasury'' wherever
appearing, ``deposited in the Treasury of the United States'' for
``covered into the Treasury of the United States'', and ``authorized by
this section'' for ``authorized by this title''.
1960--Pub. L. 86-533 repealed subsec. (b) which required the
Secretary of the Treasury to report to Congress with respect to payments
received by the United States in excess of $3,000.
Effective Date of 1984 Amendment
Section 17(b)(3)(B) of Pub. L. 98-557 provided that: ``The amendment
made by subparagraph (A) of this paragraph [amending this section] shall
apply to all claims considered, ascertained, adjusted, determined,
compromised or settled on or after the date of enactment of this Act
[Oct. 30, 1984].''
Section Referred to in Other Sections
This section is referred to in sections 827, 828 of this title.
