46 Usc 30901-30904

Page 267

CHAPTER 309—SUITS IN ADMIRALTY
AGAINST THE UNITED STATES
Sec.

30901.
30902.
30903.
30904.
30905.
30906.
30907.
30908.
30909.
30910.
30911.
30912.
30913.
30914.

Short title.
Definition.
Waiver of immunity.
Exclusive remedy.
Period for bringing action.
Venue.
Procedure for hearing and determination.
Exemption from arrest or seizure.
Security.
Exoneration and limitation.
Costs and interest.
Arbitration, compromise, or settlement.
Payment of judgment or settlement.
Release of privately owned vessel after arrest
or attachment.
Seizures and other proceedings in foreign jurisdictions.
Recovery by the United States for salvage
services.
Disposition of amounts recovered by the
United States.
Reports.

30915.
30916.
30917.
30918.

§ 30901. Short title
This chapter may be cited as the ‘‘Suits in Admiralty Act’’.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1517.)
HISTORICAL AND REVISION NOTES
Revised
Section
30901 ..........

§ 30905

TITLE 46—SHIPPING

Source (U.S. Code)

Source (Statutes at Large)

46 App.:741 note.

Statutory Notes and Related Subsidiaries
SHORT TITLE
Act Mar. 9, 1920, ch. 95, 41 Stat. 525, which enacted
chapter 20 (§ 741 et seq.) of the former Appendix to this
title, was popularly known as the ‘‘Suits in Admiralty
Act’’, prior to being repealed and restated in this chapter by Pub. L. 109–304, §§ 6(c), 19, Oct. 6, 2006, 120 Stat.
1509, 1710.

§ 30902. Definition
In this chapter, the term ‘‘federally-owned
corporation’’ means a corporation in which the
United States owns all the outstanding capital
stock.

action in admiralty in personam may be brought
against the United States or a federally-owned
corporation. In a civil action in admiralty
brought by the United States or a federallyowned corporation, an admiralty claim in personam may be filed or a setoff claimed against
the United States or corporation.
(b) NON-JURY.—A claim against the United
States or a federally-owned corporation under
this section shall be tried without a jury.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1518.)
HISTORICAL AND REVISION NOTES
Revised
Section
30903 ..........

Source (U.S. Code)
46 App.:742 (1st, 3d
sentences).

Source (Statutes at Large)
Mar. 9, 1920, ch. 95, § 2 (1st,
3d sentences), 41 Stat. 525;
Pub. L. 86–770, § 3, Sept. 13,
1960, 74 Stat. 912; Pub. L.
104–324, title XI, § 1105,
Oct. 19, 1996, 110 Stat. 3967.

In subsection (a), the words ‘‘civil action’’ are substituted for ‘‘proceeding’’ and ‘‘libel’’ because of rule 2
of the Federal Rules of Civil Procedure (28 App. U.S.C.)
and for consistency in the chapter. The words ‘‘civil action in admiralty in personam’’ are substituted for
‘‘any appropriate nonjury proceeding in personam’’ for
clarity. The words ‘‘in rem or in personam in any district’’ are omitted as unnecessary. The words ‘‘admiralty claim’’ are substituted for ‘‘cross libel’’ for consistency in this chapter and with the various means of
asserting a claim (such as by counterclaim or crossclaim) allowed by the Federal Rules of Civil Procedure.
The words ‘‘with the same force and effect as if the
libel had been filed by a private party’’ are omitted as
unnecessary.
Subsection (b) is substituted for the word ‘‘nonjury’’
to clarify that the nonjury requirement applies to any
claim against the United States or a federally-owned
corporation under this section regardless of which
party brings the action.

§ 30904. Exclusive remedy
If a remedy is provided by this chapter, it
shall be exclusive of any other action arising
out of the same subject matter against the officer, employee, or agent of the United States or
the federally-owned corporation whose act or
omission gave rise to the claim.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1518.)
HISTORICAL AND REVISION NOTES

(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1517.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

30902 ..........

46 App.:741
(11th–26th words).

Mar. 9, 1920, ch. 95, § 1
(11th–26th words), 41 Stat.
525.

The term ‘‘federally-owned corporation’’ is defined in
this section and used in this chapter to avoid repeating
the substance of the definition in several sections in
this chapter. The words ‘‘or its representatives’’ are
omitted as unnecessary.

§ 30903. Waiver of immunity
(a) IN GENERAL.—In a case in which, if a vessel
were privately owned or operated, or if cargo
were privately owned or possessed, or if a private person or property were involved, a civil
action in admiralty could be maintained, a civil

Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

30904 ..........

46 App.:745 (1st proviso).

Mar. 9, 1920, ch. 95, § 5 (1st
proviso), 41 Stat. 526; June
30, 1932, ch. 315, 47 Stat.
420; Dec. 13, 1950, ch. 1136,
64 Stat. 1112.

The words ‘‘officer, employee, or agent of the United
States or the federally-owned corporation’’ are substituted for ‘‘agent or employee of the United States or
of any incorporated or unincorporated agency thereof’’
for consistency in this chapter and to eliminate unnecessary words.

§ 30905. Period for bringing action
A civil action under this chapter must be
brought within 2 years after the cause of action
arose.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1518.)