46 U.S.C. § 30908 — Exemption from arrest or seizure

Page 269 TITLE 46—SHIPPING § 30913 respectively, for consistency with the Federal Rules of Civil Procedure (28 App. U.S.C.). In subsection (b)(2), the words ‘‘in any proper case’’ are omitted as unnecessary. § 30908. Exemption from arrest or seizure The following are not subject to arrest or sei- zure by judicial process in the United States: (1) A vessel owned by, possessed by, or oper- ated 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. (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1518.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30908 .......... 46 App.:741 (less 11th–26th words). Mar. 9, 1920, ch. 95, § 1 (less 11th–26th words), 41 Stat. 525; Sept. 26, 1950, ch. 1049, § 2(a)(2), 64 Stat. 1038; Pub. L. 96–70, § 3(b)(5), Sept. 27, 1979, 93 Stat. 455. The words ‘‘a federally-owned corporation’’ are sub- stituted for ‘‘any corporation in which the United States or its representatives shall own the entire out- standing capital stock’’ because of the definition of ‘‘federally-owned corporation’’ in section 30902 of the revised title. The words ‘‘after March 9, 1920’’ are omit- ted as obsolete. The words ‘‘in view of the provision herein made for a libel in personam’’ are omitted as un- necessary. The words ‘‘or its possessions’’ are omitted because of the definition of ‘‘United States’’ in chapter 1 of the revised title. The words ‘‘Provided, That this chapter shall not apply to the Panama Canal Commis- sion’’ are omitted because the Commission has been dissolved. See 22 U.S.C. 3714a. § 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. (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1519.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30909 .......... 46 App.:743 (last sentence). Mar. 9, 1920, ch. 95, § 3 (last sentence), 41 Stat. 526; Pub. L. 97–31, § 12(25)(A), Aug. 6, 1981, 95 Stat. 155. The words ‘‘civil action’’ are substituted for ‘‘pro- ceeding’’ for consistency in this chapter and with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). § 30910. Exoneration and limitation The United States is entitled to the exemp- tions from and limitations of liability provided by law to an owner, charterer, operator, or agent of a vessel. (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1519.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30910 .......... 46 App.:746. Mar. 9, 1920, ch. 95, § 6, 41 Stat. 527. § 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 inter- est at the rate of 4 percent per year until satis- fied. Interest shall run as ordered by the court, except that interest is not allowable for the pe- riod before the action is filed. (b) CONTRACT PROVIDING FOR INTEREST.—Not- withstanding subsection (a), if the claim is based on a contract providing for interest, inter- est may be awarded at the rate and for the pe- riod provided in the contract. (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1519.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30911 .......... 46 App.:743 (2d, 3d sentences). Mar. 9, 1920, ch. 95, § 3 (2d, 3d sentences), 41 Stat. 526. 46 App.:745 (last proviso). Mar. 9, 1920, ch. 95, § 5 (last proviso), 41 Stat. 526; June 30, 1932, ch. 315, 47 Stat. 420; Dec. 13, 1950, ch. 1136, 64 Stat. 1112. In subsection (a), the words ‘‘and when the decree is for a money judgment’’ are omitted as unnecessary. The words ‘‘except that interest is not allowable for the period before the action is filed’’ are substituted for ‘‘And provided further, That after June 30, 1932, no inter- est shall be allowed on any claim prior to the time when suit on such claim is brought as authorized by section 742 of this Appendix’’ to eliminate unnecessary words. Subsection (b) is substituted for ‘‘or at any higher rate which shall be stipulated in any contract upon which such decree shall be based’’ in 46 App. U.S.C. 743 and ‘‘unless upon a contract expressly stipulating for the payment of interest’’ in 46 App. U.S.C. 745 (last pro- viso) for clarity and consistency. § 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 chap- ter. (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1519.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30912 .......... 46 App.:749. Mar. 9, 1920, ch. 95, § 9, 41 Stat. 527; Pub. L. 92–417, § 3, Aug. 29, 1972, 86 Stat. 656; Pub. L. 97–31, § 12(25)(C), Aug. 6, 1981, 95 Stat. 155. The words ‘‘claim under this chapter’’ are substituted for ‘‘claim in which suit will lie under the provisions of sections 742, 744, and 750 of this Appendix’’ to eliminate unnecessary words. § 30913. Payment of judgment or settlement (a) IN GENERAL.—The proper accounting offi- cer of the United States shall pay a final judg- ment, 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