Source (Statutes at Large)

Mar. 3, 1909, ch. 255, 35 Stat. 768 (1st proviso); Apr. 14, 1937, ch. 78, 50 Stat. 63; June 10, 1939, ch. 196, 53 Stat. 814; Jan. 23, 1942, ch. 15, 56 Stat. 13; Apr. 9, 1943, ch. 39, 57 Stat. 60; Aug. 8, 1953, ch. 390, § 2, 67 Stat. 499. Aug. 8, 1953, ch. 390, § 1 (as applicable to Secretary of the Navy), 67 Stat. 499.

In subsection (a) the words "members of the naval service" are substituted for the words "officers and enlisted men of the Navy, Marine Corps".

In subsection (b) the word "outside" is substituted for the words "beyond the continental limitations”. The words "or in Alaska” are omitted, since, in section 101 (1) of this title, the words, "United States" are defined to include only the States and the District of Columbia. The word "continental", after the words "within the", is omitted for the same reason. The last sentence is substituted for 34 U.S.C. 533a (proviso).

§ 7602. Sales: members of Army and Air Force; prices The Navy and the Marine Corps shall sell subsistence supplies to any member of the Army or the Air Force at prices charged members of the naval service.

(Aug. 10, 1956, ch. 1041, 70A Stat. 471.)

This section is expanded to cover sales to members of the Air Force, as authorized by § 305(a) of the National Security Act of 1947, as amended (5 U.S.C. 171/). § 7603. Sales: veterans under treatment

A person who has been separated honorably or under honorable conditions from the Army, the Navy, the Air Force, or the Marine Corps and who is receiving care and medical treatment from the Public Health Service or the Veterans' Administration may buy subsistence supplies and other supplies, except articles of uniform, from the Navy and the Marine Corps at prices charged members of the naval service. (Aug. 10, 1956, ch. 1041, 70A Stat. 471.)

The word "separated" is substituted for the word "discharged". The words "under honorable conditions" are added since this provision is interpreted as benefiting personnel discharged under honorable conditions. The words "Air Force" are supplied under the authority of § 305(a) of the National Security Act of 1947, as amended (5 U.S.C. 1711). The words "Veterans' Administration" are added under the authority of the act of August 9, 1921, ch. 57, 42 Stat. 148, which transferred care of veterans to the Veterans' Bureau, the act of June 7, 1924, ch. 320, 43 Stat. 610, which transferred all hospitals under the jurisdiction of the Public Health Service to the Veterans' Bureau, and the act of July 3, 1930, ch. 863, § 1, 46 Stat. 1016, under which the President by Executive Order No. 5398, July 21, 1930, transferred the Veterans' Bureau to the Veterans' Administration. The words "while undergoing such care and treatment" are omitted as surplusage.

§ 7604. Profit: ships' stores

(a) A profit of not more than 15 percent may be charged on sales from ships' stores. Under regulations prescribed by the Secretary of the Navy, the profit shall be used for the purposes stated in subsection (b) and shall be accounted for to the office or agency in the Department of the Navy designated by the Secretary.

(b) On vessels of the Navy and at naval activities outside the United States, other than an activity designated by the Secretary as a permanent shore establishment, ships' stores profits shall be used equitably for the welfare of officers and enlisted members of the naval service. At other naval activities, the profits shall be used for the amusement, comfort, and contentment of enlisted members only.

(Aug. 10, 1956, ch. 1041, 70A Stat. 471; Nov. 2, 1966, Pub. L. 89-718, § 44, 80 Stat. 1120.)

Revised section

HISTORICAL AND REVISION NOTES

Source (U.S. Code)

7604

34 U.S.C. 542.

Source (Statutes at Large)

June 24, 1910, ch. 378, 36 Stat. 619 (last proviso); July 1, 1944, ch. 359, 58 Stat. 671.

The words "the continental limits of" are omitted, since "United States" is defined in this title as meaning the States and the District of Columbia.

AMENDMENTS

1966-Subsec. (a). Pub. L. 89-718 substituted "office or agency in the Department of the Navy designated by the Secretary" for "Bureau of Supplies and Accounts".

§ 7605. Acceptance of Government checks outside the United States

Notwithstanding section 3302(a) of title 31, the Secretary of the Navy may authorize the

officer in charge of any commissary store or ship's store ashore located outside the United States to

(1) accept any Government check tendered by a retired member of the Navy or the Marine Corps, a member of the Naval Reserve or the Marine Corps Reserve, or a member of the Fleet Reserve or the Fleet Marine Corps Reserve, if the member is the payee of the check and the check is tendered in payment of amounts due from the member to the store; and

(2) refund in cash any difference between the amount due and the amount of the tendered check.

(Aug. 10, 1956, ch. 1041, 70A Stat. 471; Dec. 12, 1980, Pub. L. 96-513, title V, § 513(42), 94 Stat. 2935; Sept. 13, 1982, Pub. L. 97-258, § 3(b)(10), 96 Stat. 1064.)

HISTORICAL AND REVISION NOTES

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 472.)

Source (Statutes at Large)

Source (Statutes at Large)

July 3, 1944, ch. 399, § 3. 58 Stat. 724.

July 15, 1939, ch. 285, 53 Stat. 1043.

Since the authority of this section to refund any cash balance extends only to the payee of a check, the section is written to authorize only the payee to cash it. The Fleet Reserve and the Fleet Marine Corps Reserve were parts of the Naval Reserve and the Marine Corps Reserve, respectively, when the source statute was enacted but were removed therefrom by the Armed Forces Reserve Act of 1952. The words "or a member of the Fleet Reserve or the Fleet Marine Corps Reserve" are inserted in clause (1) to give this section the same applicability as the source.

AMENDMENTS

1982-Pub. L. 97-258 substituted "section 3302(a) of title 31" for "sections 3639 and 3651 of the Revised Statutes (31 U.S.C. 521 and 543)".

1980-Pub. L. 96-513 substituted "sections 3639 and 3651 of the Revised Statutes (31 U.S.C. 521 and 543)" for "sections 521 and 543 of title 31".

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.

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.

§ 7622. Admiralty claims against the United States

(a) The Secretary of the Navy may settle, or compromise, and pay in an amount not more than $1,000,000 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 $1,000,000, the Secretary shall certify it to Congress.

(c) In any case where the amount to be paid is not more than $10,000, 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 472; July 7, 1965, Pub. L. 89-67, 79 Stat. 212; Aug. 29, 1972, Pub. L. 92-417, § 1(5), 86 Stat. 654.)

In subsection (a) the words "consider, ascertain, adjust, 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 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 settle-ment 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

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) added "or by other property under the jurisdiction of the Department of the Navy", in par. (2) added "or to other property under the jurisdiction of the Department of the Navy", and added par. (3). 1965-Subsec. (c). Pub. L. 89-67 "$10,000" for "$1,000".

CROSS REFERENCES

substituted

Nuclear incident involving nuclear reactor of United States warship, payment or claims or judgments for bodily injury, death, or damage resulting from, see section 2211 of Title 42, The Public Health and Welfare.

Suits in admiralty

Against United States for damages caused by or for towage or salvage services, see section 781 et seq. of Title 46, Shipping.

By or against vessels or cargoes of United States, see section 741 et seq. of Title 46, Shipping.

§ 7623. 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 $1,000,000.

(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 $10,000, 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; July 7, 1965, Pub. L. 89-67, 79 Stat. 212.)

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

1965-Subsec. (c). Pub. L. 89-67 substituted "$10,000" for "$1,000".

CROSS REFERENCES

Suits in admiralty

Against United States for damages caused by or for towage or salvage services, see section 781 et seq. of Title 46, Shipping.

By or against vessels or cargoes of United States, see section 741 et seq. of Title 46, Shipping.

[8 7624. Repealed. Pub. L. 86-533, § 1(10)(A), June 29, 1960, 74 Stat. 247]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 473, related to reports to the Congress with respect to amounts paid or received under sections 7622 and 7623 of this title.

[§ 7625. Repealed. Pub. L. 87-769, § 1(2)(A), Oct. 9, 1962, 76 Stat. 768]

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.

(2) neutral property used or transported in violation of the obligations of neutrals under international law.

(b) As used in this chapter

(1) "vessel" includes aircraft; and

(2) "master" includes the pilot or other person in command of an aircraft.

(c) Property seized or taken upon the inland waters of the United States by its naval forces is not maritime prize. All such property shall be delivered promptly to the proper officers of the courts.

(d) Nothing in this chapter may be construed as contravening any treaty of the United States.

(Aug. 10, 1956, ch. 1041, 70A Stat. 474.)

HISTORICAL AND REVISION NOTES

34 U.S.C. 1131 (less 1st R.S. 4613 (less 1st proviproviso).

so); June 24, 1941, ch. 232, 55 Stat. 261. Aug. 18, 1942, ch. 553, §1 (as applicable to capture), 56 Stat. 746; July 1, 1944, ch. 370, § 1, 58 Stat. 678; Nov. 14, 1945, ch. 472, § 1, 59 Stat. 581.

R.S. 4613 (1st proviso); June 24, 1941, ch. 232, 55 Stat. 261.

R.S. 4614; June 24, 1941. ch. 232, 55 Stat. 261. R.S. 5310.

R.S. 4652 (last sentence).

In subsection (a) the words "including aircraft" are omitted as covered by subsection (b). The section is written to make the words “during war” applicable to the entire chapter. These words appear in 34 U.S.C. 1159, but not in 34 U.S.C. 1131. Prize is historically and uniformly treated as a war-time matter, so no substantive change results from the extension. The words "this chapter does not affect" are substituted for the words "nothing herein contained shall be construed as affecting, or in any way impairing". The words "Air

Force" are added under authority of § 305(a) of the National Security Act of 1947, as amended (5 U.S.C. 171), to provide the same applicability as formerly provided by the word "Army". The word "legal" is omitted as surplusage.

In subsection (b) the definition of the term "ship" is omitted as covered by the term "vessel". All of 34 U.S.C. 1132 except that part which includes "aircraft" within the term "vessels" is omitted as unnecessary since the defined term "vessels of the Navy" does not appear in the provisions to which the definition is made applicable. The last sentence of 34 U.S.C. 1158 applies only to Title LIV (Prize) of the Revised Statutes. In subsection (d) it is broadened to cover the entire body of statutory prize law. Additions to the prize law made by the act of August 18, 1942, ch. 553, 56 Stat. 746, as amended, operated only to extend the jurisdiction of courts of the United States to certain cases in which the prizes are not brought into the territorial waters of the United States. Relations of this country with other countries are not affected by the 1942 act except when jurisdiction is exercised by American courts over prizes brought into cobelligerent ports. As that act provides that the consent of the cobelligerent is necessary to the exercise of such jurisdiction, the rule against contravention of treaties is property applied to it.

§ 7652. Jurisdiction

(a) The United States district courts have original jurisdiction, exclusive of the courts of the States, of each prize and each proceeding for the condemnation of property taken as prize, if the prize is—

(1) brought into the United States, or the Territories, Commonwealths, or possessions; (2) brought into the territorial waters of a cobelligerent;

(3) brought into a locality in the temporary or permanent possession of, or occupied by, the armed forces of the United States; or

(4) appropriated for the use of the United States.

(b) The United States district courts, exclusive of the courts of the States, also have original jurisdiction of a prize cause in which the prize property

(1) is lost or entirely destroyed; or

(2) cannot be brought in for adjudication because of its condition.

(c) The jurisdiction conferred by this section of prizes brought into the territorial waters of a cobelligerent may not be exercised, nor may prizes be appropriated for the use of the United States within those territorial waters, unless the government having jurisdiction over those waters consents to the exercise of the jurisdiction or to the appropriation.

(Aug. 10, 1956, ch. 1041, 70A Stat. 474.)

Subsection (a) reflects 28 U.S.C. 1333 by restating the basic prize jurisdiction of that section over prizes brought into the United States, and by providing that the extension of prize jurisdiction conferred by 34 U.S.C. 1159 on the United States district courts is exclusive of the courts of the States. 34 U.S.C. 1166 and the second sentence of 34 U.S.C. 1164 are executed in the single jurisdictional statement of this section and the consolidation of the act of August 18, 1942, ch. 553, 56 Stat. 746 (34 U.S.C. 1159-1166) with the earlier prize provisions. The words “during war" in 34 U.S.C. 1159 are omitted as covered in § 7651 of this title. In clause (1) the words "or the Territories, Commonwealths, or possessions" are added, since "United States" in this title is geographically limited to the 48 States and the District of Columbia, whereas the term here is intended to include all places within the jurisdiction of the district courts.

In clause (4) the words "taken or" preceding the words "appropriated for the use of the United States" are omitted as surplusage and in order to avoid confusion between the two meanings of the word "taken" in prize law. In both the Revised Statutes and the 1942 act the phrase "taken or appropriated" means no more than "appropriated" alone, whereas "taken", in the phrase "taken as prize" means "captured".

Subsection (b) is included to make the statement of jurisdiction complete. It is derived by implication from the first sentence of R.S. 4625 (34 U.S.C. 1141) which is the source of subsection (c) of § 7653 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 7681 of this title.

§ 7653. Court in which proceedings brought

(a) If a prize is brought into a port of the United States, or the Territories, Commonwealths, or possessions, proceedings for the adjudication of the prize cause shall be brought in the district in which the port is located.

(b) If a prize is brought into the territorial waters of a cobelligerent, or is brought into a locality in the temporary or permanent possession of, or occupied by, the armed forces of the United States, or is appropriated for the use of the United States, before proceedings are started, the venue of the proceedings for adjudication of the cause shall be in the judicial district selected by the Attorney General, or his designee, for the convenience of the United States.

(c) If the prize property is lost or entirely destroyed or if, because of its condition, no part of it has been or can be sent in for adjudication, proceedings for adjudication of the cause may be brought in any district designated by the Secretary of the Navy. In such cases the proceeds of anything sold shall be deposited with the Treasurer of the United States or public depositary in or nearest the district designated by the Secretary, subject to the orders of the court for that district.

(Aug. 10, 1956, ch. 1041, 70A Stat. 474.)