2014 US Code
Title 46 - Shipping (Sections 101 - 80509)
Subtitle III - Maritime Liability (Sections 30101 - 31343)
Chapter 309 - Suits in Admiralty Against the United States (Sections 30901 - 30918)
Sec. 30903 - Waiver of immunity
| Publication Title | United States Code, 2012 Edition, Supplement 2, Title 46 - SHIPPING |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 46 - SHIPPING Subtitle III - Maritime Liability CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES Sec. 30903 - Waiver of immunity |
| Contains | section 30903 |
| Date | 2014 |
| Laws In Effect As Of Date | January 5, 2015 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Pub. L. 109-304, §6(c), Oct. 6, 2006, 120 Stat. 1518. |
| Statutes at Large References | 41 Stat. 525 74 Stat. 912 110 Stat. 3967 120 Stat. 1518 |
| Public and Private Laws | Public Law 86-770, Public Law 104-324, Public Law 109-304 |
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(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.
(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1518.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30903 | 46 App.:742 (1st, 3d sentences). | 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 cross-claim) 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.
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