§ 30910. Exoneration and limitation

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2006

   Pub. L. 109–304 § 6(c) · 120 Stat. 1485

   Enacted · 46 U.S.C. § 30910

   (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1519.)

   Source evidence

   Code source credit
   (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1519.)

   Enacted provision · exact public law section
   (c) Chapters 301–311.— Title 46, United States Code, is amended by inserting after the analysis of subtitle III the following: “CHAPTER 301— GENERAL LIABILITY PROVISIONS “Sec. “30101.  Extension of jurisdiction to cases of damage or injury on land. “30102.  Liability to passengers. “30103.  Liability of master, mate, engineer, and pilot. “30104.  Personal injury to or death of seamen. “30105.  Restriction on recovery by non-citizens and non-resident aliens for incidents in waters of other countries. “30106.  Time limit on bringing maritime action for personal injury or death. “§ 30101.  Extension of jurisdiction to cases of damage or injury on land “(a) In General.— The admiralty and maritime jurisdiction of the United States extends to and includes cases of injury or damage, to person or property, caused by a vessel on navigable waters, even though the injury or damage is done or consummated on land. “(b) Procedure.— A civil action in a case under subsection (a) may be brought in rem or in personam according to the principles of law and the rules of practice applicable in cases where the injury or damage has been done and consummated on navigable waters. “(c) Actions Against United States.— “(1) Exclusive remedy.— In a civil action against the United States for injury or damage done or consummated on land by a vessel on navigable waters, chapter 309 or 311 of this title, as appropriate, provides the exclusive remedy. “(2) Administrative claim.— A civil action described in paragraph (1) may not be brought until the expiration of the 6-month period after the claim has been presented in writing to the agency owning or operating the vessel causing the injury or damage. “§ 30102.  Liability to passengers “(a) Liability.— The owner and master of a vessel, and the vessel, are liable for personal injury to a passenger or damage to a passenger’s baggage caused by— “(1) a neglect or failure to comply with part B or F of subtitle II of this title; or “(2) a known defect in the steaming apparatus or hull of the vessel. “(b) Not Subject to Limitation.— A liability imposed under this section is not subject to limitation under chapter 305 of this title. “§ 30103.  Liability of master, mate, engineer, and pilot   “A person may bring a civil action against a master, mate, engineer, or pilot of a vessel, and recover damages, for personal injury or loss caused by the master’s, mate’s, engineer’s, or pilot’s— “(1) negligence or willful misconduct; or “(2) neglect or refusal to obey the laws governing the navigation of vessels. “§ 30104.  Personal injury to or death of seamen “(a) Cause of Action.— A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer. Laws of the United States regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section. “(b) Venue.— An action under this section shall be brought in the judicial district in which the employer resides or the employer’s principal office is located. “§ 30105.  Restriction on recovery by non-citizens and non-resident aliens for incidents in waters of other countries “(a) Definition.— In this section, the term ‘continental shelf ’ has the meaning given that term in article I of the 1958 Convention on the Continental Shelf. “(b) Restriction.— Except as provided in subsection (c), a civil action for maintenance and cure or for damages for personal injury or death may not be brought under a maritime law of the United States if— “(1) the individual suffering the injury or death was not a citizen or permanent resident alien of the United States at the time of the incident giving rise to the action; “(2) the incident occurred in the territorial waters or waters overlaying the continental shelf of a country other than the United States; and “(3) the individual suffering the injury or death was employed at the time of the incident by a person engaged in the exploration, development, or production of offshore mineral or energy resources, including drilling, mapping, surveying, diving, pipelaying, maintaining, repairing, constructing, or transporting supplies, equipment, or personnel, but not including transporting those resources by a vessel constructed or adapted primarily to carry oil in bulk in the cargo spaces. “(c) Nonapplication.— Subsection (b) does not apply if the individual bringing the action establishes that a remedy is not available under the laws of— “(1) the country asserting jurisdiction over the area in which the incident occurred; or “(2) the country in which the individual suffering the injury or death maintained citizenship or residency at the time of the incident. “§ 30106.  Time limit on bringing maritime action for personal injury or death   “Except as otherwise provided by law, a civil action for damages for personal injury or death arising out of a maritime tort must be brought within 3 years after the cause of action arose. “CHAPTER 303— DEATH ON THE HIGH SEAS “Sec. “30301.  Short title. “30302.  Cause of action. “30303.  Amount and apportionment of recovery. “30304.  Contributory negligence. “30305.  Death of plaintiff in pending action. “30306.  Foreign cause of action. “30307.  Commercial aviation accidents. “30308.  Nonapplication. “§ 30301.  Short title   “This chapter may be cited as the ‘Death on the High Seas Act’. “§ 30302.  Cause of action   “When the death of an individual is caused by wrongful act, neglect, or default occurring on the high seas beyond 3 nautical miles from the shore of the United States, the personal representative of the decedent may bring a civil action in admiralty against the person or vessel responsible. The action shall be for the exclusive benefit of the decedent’s spouse, parent, child, or dependent relative. “§ 30303.  Amount and apportionment of recovery   “The recovery in an action under this chapter shall be a fair compensation for the pecuniary loss sustained by the individuals for whose benefit the action is brought. The court shall apportion the recovery among those individuals in proportion to the loss each has sustained. “§ 30304.  Contributory negligence   “In an action under this chapter, contributory negligence of the decedent is not a bar to recovery. The court shall consider the degree of negligence of the decedent and reduce the recovery accordingly. “§ 30305.  Death of plaintiff in pending action   “If a civil action in admiralty is pending in a court of the United States to recover for personal injury caused by wrongful act, neglect, or default described in section 30302 of this title, and the individual dies during the action as a result of the wrongful act, neglect, or default, the personal representative of the decedent may be substituted as the plaintiff and the action may proceed under this chapter for the recovery authorized by this chapter. “§ 30306.  Foreign cause of action   “When a cause of action exists under the law of a foreign country for death by wrongful act, neglect, or default on the high seas, a civil action in admiralty may be brought in a court of the United States based on the foreign cause of action, without abatement of the amount for which recovery is authorized. “§ 30307.  Commercial aviation accidents “(a) Definition.— In this section, the term ‘nonpecuniary damages’ means damages for loss of care, comfort, and companionship. “(b) Beyond 12 Nautical Miles.— In an action under this chapter, if the death resulted from a commercial aviation accident occurring on the high seas beyond 12 nautical miles from the shore of the United States, additional compensation is recoverable for nonpecuniary damages, but punitive damages are not recoverable. “(c) Within 12 Nautical Miles.— This chapter does not apply if the death resulted from a commercial aviation accident occurring on the high seas 12 nautical miles or less from the shore of the United States. “§ 30308.  Nonapplication “(a) State Law.— This chapter does not affect the law of a State regulating the right to recover for death. “(b) Internal Waters.— This chapter does not apply to the Great Lakes or waters within the territorial limits of a State. “CHAPTER 305— EXONERATION AND LIMITATION OF LIABILITY “Sec. “30501.  Definition. “30502.  Application. “30503.  Declaration of nature and value of goods. “30504.  Loss by fire. “30505.  General limit of liability. “30506.  Limit of liability for personal injury or death. “30507.  Apportionment of losses. “30508.  Provisions requiring notice of claim or limiting time for bringing action. “30509.  Provisions limiting liability for personal injury or death. “30510.  Vicarious liability for medical malpractice with regard to crew. “30511.  Action by owner for limitation. “30512.  Liability as master, officer, or seaman not affected. “§ 30501.  Definition   “In this chapter, the term ‘owner’ includes a charterer that mans, supplies, and navigates a vessel at the charterer’s own expense or by the charterer’s own procurement. “§ 30502.  Application   “Except as otherwise provided, this chapter (except section 30503) applies to seagoing vessels and vessels used on lakes or rivers or in inland navigation, including canal boats, barges, and lighters. “§ 30503.  Declaration of nature and value of goods “(a) In General.— If a shipper of an item named in subsection (b), contained in a parcel, package, or trunk, loads the item as freight or baggage on a vessel, without at the time of loading giving to the person receiving the item a written notice of the true character and value of the item and having that information entered on the bill of lading, the owner and master of the vessel are not liable as carriers. The owner and master are not liable beyond the value entered on the bill of lading. “(b) Items.— The items referred to in subsection (a) are precious metals, gold or silver plated articles, precious stones, jewelry, trinkets, watches, clocks, glass, china, coins, bills, securities, printings, engravings, pictures, stamps, maps, papers, silks, furs, lace, and similar items of high value and small size. “§ 30504.  Loss by fire   “The owner of a vessel is not liable for loss or damage to merchandise on the vessel caused by a fire on the vessel unless the fire resulted from the design or neglect of the owner. “§ 30505.  General limit of liability “(a) In General.— Except as provided in section 30506 of this title, the liability of the owner of a vessel for any claim, debt, or liability described in subsection (b) shall not exceed the value of the vessel and pending freight. If the vessel has more than one owner, the proportionate share of the liability of any one owner shall not exceed that owner’s proportionate interest in the vessel and pending freight. “(b) Claims Subject to Limitation.— Unless otherwise excluded by law, claims, debts, and liabilities subject to limitation under subsection (a) are those arising from any embezzlement, loss, or destruction of any property, goods, or merchandise shipped or put on board the vessel, any loss, damage, or injury by collision, or any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity or knowledge of the owner. “(c) Wages.— Subsection (a) does not apply to a claim for wages. “§ 30506.  Limit of liability for personal injury or death “(a) Application.— This section applies only to seagoing vessels, but does not apply to pleasure yachts, tugs, towboats, towing vessels, tank vessels, fishing vessels, fish tender vessels, canal boats, scows, car floats, barges, lighters, or nondescript vessels. “(b) Minimum Liability.— If the amount of the vessel owner’s liability determined under section 30505 of this title is insufficient to pay all losses in full, and the portion available to pay claims for personal injury or death is less than $420 times the tonnage of the vessel, that portion shall be increased to $420 times the tonnage of the vessel. That portion may be used only to pay claims for personal injury or death. “(c) Calculation of Tonnage.— Under subsection (b), the tonnage of a self-propelled vessel is the gross tonnage without deduction for engine room, and the tonnage of a sailing vessel is the tonnage for documentation. However, space for the use of seamen is excluded. “(d) Claims Arising on Distinct Occasions.— Separate limits of liability apply to claims for personal injury or death arising on distinct occasions. “(e) Privity or Knowledge.— In a claim for personal injury or death, the privity or knowledge of the master or the owner’s superintendent or managing agent, at or before the beginning of each voyage, is imputed to the owner. “§ 30507.  Apportionment of losses   “If the amounts determined under sections 30505 and 30506 of this title are insufficient to pay all claims— “(1) all claimants shall be paid in proportion to their respective losses out of the amount determined under section 30505 of this title; and “(2) personal injury and death claimants, if any, shall be paid an additional amount in proportion to their respective losses out of the additional amount determined under section 30506(b) of this title. “§ 30508.  Provisions requiring notice of claim or limiting time for bringing action “(a) Application.— This section applies only to seagoing vessels, but does not apply to pleasure yachts, tugs, towboats, towing vessels, tank vessels, fishing vessels, fish tender vessels, canal boats, scows, car floats, barges, lighters, or nondescript vessels. “(b) Minimum Time Limits.— The owner, master, manager, or agent of a vessel transporting passengers or property between ports in the United States, or between a port in the United States and a port in a foreign country, may not limit by regulation, contract, or otherwise the period for— “(1) giving notice of, or filing a claim for, personal injury or death to less than 6 months after the date of the injury or death; or “(2) bringing a civil action for personal injury or death to less than one year after the date of the injury or death. “(c) Effect of Failure To Give Notice.— When notice of a claim for personal injury or death is required by a contract, the failure to give the notice is not a bar to recovery if— “(1) the court finds that the owner, master, or agent of the vessel had knowledge of the injury or death and the owner has not been prejudiced by the failure; “(2) the court finds there was a satisfactory reason why the notice could not have been given; or “(3) the owner of the vessel fails to object to the failure to give the notice. “(d) Tolling of Period To Give Notice.— If a claimant is a minor or mental incompetent, or if a claim is for wrongful death, any period provided by a contract for giving notice of the claim is tolled until the earlier of— “(1) the date a legal representative is appointed for the minor, incompetent, or decedent’s estate; or “(2) 3 years after the injury or death. “§ 30509.  Provisions limiting liability for personal injury or death “(a) Prohibition.— “(1) In general.— The owner, master, manager, or agent of a vessel transporting passengers between ports in the United States, or between a port in the United States and a port in a foreign country, may not include in a regulation or contract a provision limiting— “(A) the liability of the owner, master, or agent for personal injury or death caused by the negligence or fault of the owner or the owner’s employees or agents; or “(B) the right of a claimant for personal injury or death to a trial by court of competent jurisdiction. “(2) Voidness.— A provision described in paragraph (1) is void. “(b) Emotional Distress, Mental Suffering, and Psychological Injury.— “(1) In general.— Subsection (a) does not prohibit a provision in a contract or in ticket conditions of carriage with a passenger that relieves an owner, master, manager, agent, operator, or crewmember of a vessel from liability for infliction of emotional distress, mental suffering, or psychological injury so long as the provision does not limit such liability when the emotional distress, mental suffering, or psychological injury is— “(A) the result of physical injury to the claimant caused by the negligence or fault of a crewmember or the owner, master, manager, agent, or operator; “(B) the result of the claimant having been at actual risk of physical injury, and the risk was caused by the negligence or fault of a crewmember or the owner, master, manager, agent, or operator; or “(C) intentionally inflicted by a crewmember or the owner, master, manager, agent, or operator. “(2) Sexual offenses.— This subsection does not limit the liability of a crewmember or the owner, master, manager, agent, or operator of a vessel in a case involving sexual harassment, sexual assault, or rape. “§ 30510.  Vicarious liability for medical malpractice with regard to crew   “In a civil action by any person in which the owner or operator of a vessel or employer of a crewmember is claimed to have vicarious liability for medical malpractice with regard to a crewmember occurring at a shoreside facility, and to the extent the damages resulted from the conduct of any shoreside doctor, hospital, medical facility, or other health care provider, the owner, operator, or employer is entitled to rely on any statutory limitations of liability applicable to the doctor, hospital, medical facility, or other health care provider in the State of the United States in which the shoreside medical care was provided. “§ 30511.  Action by owner for limitation “(a) In General.— The owner of a vessel may bring a civil action in a district court of the United States for limitation of liability under this chapter. The action must be brought within 6 months after a claimant gives the owner written notice of a claim. “(b) Creation of Fund.— When the action is brought, the owner (at the owner’s option) shall— “(1) deposit with the court, for the benefit of claimants— “(A) an amount equal to the value of the owner’s interest in the vessel and pending freight, or approved security; and “(B) an amount, or approved security, that the court may fix from time to time as necessary to carry out this chapter; or “(2) transfer to a trustee appointed by the court, for the benefit of claimants— “(A) the owner’s interest in the vessel and pending freight; and “(B) an amount, or approved security, that the court may fix from time to time as necessary to carry out this chapter. “(c) Cessation of Other Actions.— When an action has been brought under this section and the owner has complied with subsection (b), all claims and proceedings against the owner related to the matter in question shall cease. “§ 30512.  Liability as master, officer, or seaman not affected   “This chapter does not affect the liability of an individual as a master, officer, or seaman, even though the individual is also an owner of the vessel. “CHAPTER 307— LIABILITY OF WATER CARRIERS “Sec. “30701.  Definition. “30702.  Application. “30703.  Bills of lading. “30704.  Loading, stowage, custody, care, and delivery. “30705.  Seaworthiness. “30706.  Defenses. “30707.  Criminal penalty. “§ 30701.  Definition   “In this chapter, the term ‘carrier’ means the owner, manager, charterer, agent, or master of a vessel. “§ 30702.  Application “(a) In General.— Except as otherwise provided, this chapter applies to a carrier engaged in the carriage of goods to or from any port in the United States. “(b) Live Animals.— Sections 30703 and 30704 of this title do not apply to the carriage of live animals. “§ 30703.  Bills of lading “(a) Issuance.— On demand of a shipper, the carrier shall issue a bill of lading or shipping document. “(b) Contents.— The bill of lading or shipping document shall include a statement of— “(1) the marks necessary to identify the goods; “(2) the number of packages, or the quantity or weight, and whether it is carrier’s or shipper’s weight; and “(3) the apparent condition of the goods. “(c) Prima Facie Evidence of Receipt.— A bill of lading or shipping document issued under this section is prima facie evidence of receipt of the goods described. “§ 30704.  Loading, stowage, custody, care, and delivery   “A carrier may not insert in a bill of lading or shipping document a provision avoiding its liability for loss or damage arising from negligence or fault in loading, stowage, custody, care, or proper delivery. Any such provision is void. “§ 30705.  Seaworthiness “(a) Prohibition.— A carrier may not insert in a bill of lading or shipping document a provision lessening or avoiding its obligation to exercise due diligence to— “(1) make the vessel seaworthy; and “(2) properly man, equip, and supply the vessel. “(b) Voidness.— A provision described in subsection (a) is void. “§ 30706.  Defenses “(a) Due Diligence.— If a carrier has exercised due diligence to make the vessel in all respects seaworthy and to properly man, equip, and supply the vessel, the carrier and the vessel are not liable for loss or damage arising from an error in the navigation or management of the vessel. “(b) Other Defenses.— A carrier and the vessel are not liable for loss or damage arising from— “(1) dangers of the sea or other navigable waters; “(2) acts of God; “(3) public enemies; “(4) seizure under legal process; “(5) inherent defect, quality, or vice of the goods; “(6) insufficiency of package; “(7) act or omission of the shipper or owner of the goods or their agent; or “(8) saving or attempting to save life or property at sea, including a deviation in rendering such a service. “§ 30707.  Criminal penalty “(a) In General.— A carrier that violates this chapter shall be fined under title 18. “(b) Lien.— The amount of the fine and costs for the violation constitute a lien on the vessel engaged in the carriage. A civil action in rem to enforce the lien may be brought in the district court of the United States for any district in which the vessel is found. “(c) Disposition of Fine.— Half of the fine shall go to the person injured by the violation and half to the United States Government. “CHAPTER 309— SUITS IN ADMIRALTY AGAINST THE UNITED STATES “Sec. “30901.  Short title. “30902.  Definition. “30903.  Waiver of immunity. “30904.  Exclusive remedy. “30905.  Period for bringing action. “30906.  Venue. “30907.  Procedure for hearing and determination. “30908.  Exemption from arrest or seizure. “30909.  Security. “30910.  Exoneration and limitation. “30911.  Costs and interest. “30912.  Arbitration, compromise, or settlement. “30913.  Payment of judgment or settlement. “30914.  Release of privately owned vessel after arrest or attachment. “30915.  Seizures and other proceedings in foreign jurisdictions. “30916.  Recovery by the United States for salvage services. “30917.  Disposition of amounts recovered by the United States. “30918.  Reports. “§ 30901.  Short title   “This chapter may be cited as the ‘Suits in Admiralty Act’. “§ 30902.  Definition   “In this chapter, the term ‘federally-owned corporation’ means a corporation in which the United States owns all the outstanding capital stock. “§ 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 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 federally-owned 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. “§ 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. “§ 30905.  Period for bringing action   “A civil action under this chapter must be brought within 2 years after the cause of action arose. “§ 30906.  Venue “(a) In General.— A civil action under this chapter shall be brought in the district court of the United States for the district in which— “(1) any plaintiff resides or has its principal place of business; or “(2) the vessel or cargo is found. “(b) Transfer.— On a motion by a party, the court may transfer the action to any other district court of the United States. “§ 30907.  Procedure for hearing and determination “(a) In General.— A civil action under this chapter shall proceed and be heard and determined according to the principles of law and the rules of practice applicable in like cases between private parties. “(b) In Rem.— “(1) Requirements.— The action may proceed according to the principles of an action in rem if— “(A) the plaintiff elects in the complaint; and “(B) it appears that an action in rem could have been maintained had the vessel or cargo been privately owned and possessed. “(2) Effect on relief in personam.— An election under paragraph (1) does not prevent the plaintiff from seeking relief in personam in the same action. “§ 30908.  Exemption from arrest or seizure   “The following are not subject to arrest or seizure by judicial process in the United States: “(1) A vessel owned by, possessed by, or operated by or for the United States or a federally-owned corporation. “(2) Cargo owned or possessed by the United States or a federally-owned corporation. “§ 30909.  Security   “Neither the United States nor a federally-owned corporation may be required to give a bond or admiralty stipulation in a civil action under this chapter. “§ 30910.  Exoneration and limitation   “The United States is entitled to the exemptions from and limitations of liability provided by law to an owner, charterer, operator, or agent of a vessel. “§ 30911.  Costs and interest “(a) In General.— A judgment against the United States or a federally-owned corporation under this chapter may include costs and interest at the rate of 4 percent per year until satisfied. Interest shall run as ordered by the court, except that interest is not allowable for the period before the action is filed. “(b) Contract Providing for Interest.— Notwithstanding subsection (a), if the claim is based on a contract providing for interest, interest may be awarded at the rate and for the period provided in the contract. “§ 30912.  Arbitration, compromise, or settlement   “The Secretary of a department of the United States Government, or the board of trustees of a federally-owned corporation, may arbitrate, compromise, or settle a claim under this chapter. “§ 30913.  Payment of judgment or settlement “(a) In General.— The proper accounting officer of the United States shall pay a final judgment, arbitration award, or settlement under this chapter on presentation of an authenticated copy. “(b) Source of Payment.— Payment shall be made from an appropriation or fund available specifically for the purpose. If no appropriation or fund is specifically available, there is hereby appropriated, out of money in the Treasury not otherwise appropriated, an amount sufficient to pay the judgment, award, or settlement. “§ 30914.  Release of privately owned vessel after arrest or attachment   “If a privately owned vessel not in the possession of the United States or a federally-owned corporation is arrested or attached in a civil action arising or alleged to have arisen from prior ownership, possession, or operation by the United States or corporation, the vessel shall be released without bond or stipulation on a statement by the United States, through the Attorney General or other authorized law officer, that the United States is interested in the action, desires release of the vessel, and assumes liability for the satisfaction of any judgment obtained by the plaintiff. After the vessel is released, the action shall proceed against the United States in accordance with this chapter. “§ 30915.  Seizures and other proceedings in foreign jurisdictions “(a) In General.— If a vessel or cargo described in section 30908 or 30914 of this title is arrested, attached, or otherwise seized by judicial process in a foreign country, or if an action is brought in a court of a foreign country against the master of such a vessel for a claim arising from the ownership, possession, or operation of the vessel, or the ownership, possession, or carriage of such cargo, the Secretary of State, on request of the Attorney General or another officer authorized by the Attorney General, may direct the United States consul residing at or nearest the place at which the action was brought— “(1) to claim the vessel or cargo as immune from arrest, attachment, or other seizure, and to execute an agreement, stipulation, bond, or undertaking, for the United States or federally-owned corporation, for the release of the vessel or cargo and the prosecution of any appeal; or “(2) if an action has been brought against the master of such a vessel, to enter the appearance of the United States or corporation and to pledge the credit of the United States or corporation to the payment of any judgment and costs in the action. “(b) Arranging Bond or Stipulation.— The Attorney General may— “(1) arrange with a bank, surety company, or other person, whether in the United States or a foreign country, to execute a bond or stipulation; and “(2) pledge the credit of the United States to secure the bond or stipulation. “(c) Payment of Judgment.— The appropriate accounting officer of the United States or corporation may pay a judgment in an action described in subsection (a) on presentation of a copy of the judgment if certified by the clerk of the court and authenticated by— “(1) the certificate and seal of the United States consul claiming the vessel or cargo, or by the consul’s successor; and “(2) the certificate of the Secretary as to the official capacity of the consul. “(d) Right To Claim Immunity Not Affected.— This section does not affect the right of the United States to claim immunity of a vessel or cargo from foreign jurisdiction. “§ 30916.  Recovery by the United States for salvage services “(a) Civil Action.— The United States, and the crew of a merchant vessel owned or operated by the United States, or a federally-owned corporation, may bring a civil action to recover for salvage services provided by the vessel and crew. “(b) Deposit of Amounts Recovered.— Any amount recovered under this section by the United States for its own benefit, and not for the benefit of the crew, shall be deposited in the Treasury to the credit of the department of the United States Government, or the corporation, having control of the possession or operation of the vessel. “§ 30917.  Disposition of amounts recovered by the United States   “Amounts recovered in a civil action brought by the United States on a claim arising from the ownership, possession, or operation of a merchant vessel, or the ownership, possession, or carriage of cargo, shall be deposited in the Treasury to the credit of the department of the United States Government, or the federally-owned corporation, having control of the vessel or cargo, for reimbursement of the appropriation, insurance fund, or other fund from which the compensation for which the judgment was recovered was or will be paid. “§ 30918.  Reports   “The Secretary of each department of the United States Government, and the board of trustees of each federally-owned corporation, shall report to Congress at each session thereof all arbitration awards and settlements agreed to under this chapter since the previous session, for which the time to appeal has expired or been waived. “CHAPTER 311— SUITS INVOLVING PUBLIC VESSELS “Sec. “31101.  Short title. “31102.  Waiver of immunity. “31103.  Applicable procedure. “31104.  Venue. “31105.  Security when counterclaim filed. “31106.  Exoneration and limitation. “31107.  Interest. “31108.  Arbitration, compromise, or settlement. “31109.  Payment of judgment or settlement. “31110.  Subpoenas to officers or members of crew. “31111.  Claims by nationals of foreign countries. “31112.  Lien not recognized or created. “31113.  Reports. “§ 31101.  Short title   “This chapter may be cited as the ‘Public Vessels Act’. “§ 31102.  Waiver of immunity “(a) In General.— A civil action in personam in admiralty may be brought, or an impleader filed, against the United States for— “(1) damages caused by a public vessel of the United States; or “(2) compensation for towage and salvage services, including contract salvage, rendered to a public vessel of the United States. “(b) Counterclaim or Setoff.— If the United States brings a civil action in admiralty for damages caused by a privately owned vessel, the owner of the vessel, or the successor in interest, may file a counterclaim in personam, or claim a setoff, against the United States for damages arising out of the same subject matter. “§ 31103.  Applicable procedure   “A civil action under this chapter is subject to the provisions of chapter 309 of this title except to the extent inconsistent with this chapter. “§ 31104.  Venue “(a) In General.— A civil action under this chapter shall be brought in the district court of the United States for the district in which the vessel or cargo is found within the United States. “(b) Vessel or Cargo Outside Territorial Waters.— If the vessel or cargo is outside the territorial waters of the United States— “(1) the action shall be brought in the district court of the United States for any district in which any plaintiff resides or has an office for the transaction of business; or “(2) if no plaintiff resides or has an office for the transaction of business in the United States, the action may be brought in the district court of the United States for any district. “§ 31105.  Security when counterclaim filed   “If a counterclaim is filed for a cause of action for which the original action is filed under this chapter, the respondent to the counterclaim shall give security in the usual amount and form to respond to the counterclaim, unless the court for cause shown orders otherwise. The proceedings in the original action shall be stayed until the security is given. “§ 31106.  Exoneration and limitation   “The United States is entitled to the exemptions from and limitations of liability provided by law to an owner, charterer, operator, or agent of a vessel. “§ 31107.  Interest   “A judgment in a civil action under this chapter may not include interest for the period before the judgment is issued unless the claim is based on a contract providing for interest. “§ 31108.  Arbitration, compromise, or settlement   “The Attorney General may arbitrate, compromise, or settle a claim under this chapter if a civil action based on the claim has been commenced. “§ 31109.  Payment of judgment or settlement   “The proper accounting officer of the United States shall pay a final judgment, arbitration award, or settlement under this chapter on presentation of an authenticated copy. Payment shall be made from any money in the Treasury appropriated for the purpose. “§ 31110.  Subpoenas to officers or members of crew   “An officer or member of the crew of a public vessel may not be subpoenaed in a civil action under this chapter without the consent of— “(1) the Secretary of the department or the head of the independent establishment having control of the vessel at the time the cause of action arose; or “(2) the master or commanding officer of the vessel at the time the subpoena is issued. “§ 31111.  Claims by nationals of foreign countries   “A national of a foreign country may not maintain a civil action under this chapter unless it appears to the satisfaction of the court in which the action is brought that the government of that country, in similar circumstances, allows nationals of the United States to sue in its courts. “§ 31112.  Lien not recognized or created   “This chapter shall not be construed as recognizing the existence of or as creating a lien against a public vessel of the United States. “§ 31113.  Reports   “The Attorney General shall report to Congress at each session thereof all claims settled under this chapter.” .

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