dreamproit/uscode huggingface dataset:
46 U.S.C. § 30916 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1520.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30916
46 App.:750.
Mar. 9, 1920, ch. 95, § 10, 41 Stat. 528; Pub. L. 97–31, § 12(25)(D), Aug. 6, 1981, 95 Stat. 155.
In subsection (a), the words “may bring a civil action to recover” are substituted for “shall have the right to collect and sue” for consistency in this chapter and to eliminate unnecessary words.
46 U.S.C. § 30917 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1520.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30917
46 App.:751.
Mar. 9, 1920, ch. 95, § 11, 41 Stat. 528; Pub. L. 97–31, § 12(25)(D), Aug. 6, 1981, 95 Stat. 155.
The words “or in connection with” and “with respect to which such cause of action arises” are omitted as unnecessary.
46 U.S.C. § 30918 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1521.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30918
46 App.:752.
Mar. 9, 1920, ch. 95, § 12, 41 Stat. 528; Aug. 30, 1954, ch. 1076, § 1(26), 68 Stat. 968; Pub. L. 97–31, § 12(25)(E), Aug. 6, 1981, 95 Stat. 155.
46 U.S.C. § 31101 (SHIPPING)
§ 31101. Short title
This chapter may be cited as the “Public Vessels Act”.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1521.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31101
46 App.:781 note.
heading: Short Title
text: Act of March 3, 1925, ch. 428, 43 Stat. 1112, which enacted chapter 22 (§ 781 et seq.) of the former Appendix to this title, was popularly known as the “Public Vessels 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.
46 U.S.C. § 31102 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1521.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31102(a)
46 App.:781.
Mar. 3, 1925, ch. 428, § 1, 43 Stat. 1112.
31102(b)
46 App.:783 (words before proviso).
Mar. 3, 1925, ch. 428, § 3 (words before proviso), 43 Stat. 1112.
In this section, the words “civil action” are substituted for “libel” because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (a), the words “Provided, That the cause of action arose after the 6th day of April, 1920” are omitted as unnecessary.
In subsection (b), the words “in rem or in personam” are omitted as unnecessary. The words “file a counterclaim in personam, or claim a setoff” are substituted for “file a cross libel in personam or claim a set-off or counterclaim” to conform to the terminolgy in the Federal Rules of Civil Procedure and to eliminate unnecessary words. The words “for damages arising out of the same subject matter” are substituted for “in such suit for and on account of any damages arising out of the same subject matter or cause of action” to eliminate unnecessary words.
46 U.S.C. § 31103 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1521.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31103
46 App.:782 (last sentence words before last comma).
Mar. 3, 1925, ch. 428, § 2 (last sentence words before last comma), 43 Stat. 1112.
46 U.S.C. § 31104 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1521.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31104
46 App.:782 (1st sentence).
Mar. 3, 1925, ch. 428, § 2 (1st sentence), 43 Stat. 1112.
In subsection (a), the words “charged with creating the liability” are omitted as unnecessary.
In subsection (b)(2), the words “in the United States” are omitted as unnecessary.
46 U.S.C. § 31105 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1522.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31105
46 App.:783 (proviso).
Mar. 3, 1925, ch. 428, § 3 (proviso), 43 Stat. 1112.
The word “counterclaim” is substituted for “cross-libel”, and the words “original action” are substituted for “original libel”, to conform to the terminolgy in the Federal Rules of Civil Procedure (28 App. U.S.C.).
46 U.S.C. § 31106 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1522.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31106
46 App.:789.
Mar. 3, 1925, ch. 428, § 9, 43 Stat. 1113.
46 U.S.C. § 31107 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1522.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31107
46 App.:782 (last sentence words after last comma).
Mar. 3, 1925, ch. 428, § 2 (last sentence words after last comma), 43 Stat. 1112.
46 U.S.C. § 31108 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1522.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31108
46 App.:786.
Mar. 3, 1925, ch. 428, § 6, 43 Stat. 1113.
The words “claim under this chapter” are substituted for “claim on which a libel or cross libel would lie under the provisions of this chapter” to eliminate unnecessary words.
46 U.S.C. § 31109 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1522.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31109
46 App.:787.
Mar. 3, 1925, ch. 428, § 7, 43 Stat. 1113.
Reference to an arbitration award is added for consistency with sections 30912 and 31108 of the revised title.
46 U.S.C. § 31110 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1522.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31110
46 App.:784.
Mar. 3, 1925, ch. 428, § 4, 43 Stat. 1112.
46 U.S.C. § 31111 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1522.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31111
46 App.:785.
Mar. 3, 1925, ch. 428, § 5, 43 Stat. 1113.
46 U.S.C. § 31112 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1522.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31112
46 App.:788.
Mar. 3, 1925, ch. 428, § 8, 43 Stat. 1113.
46 U.S.C. § 31113 (SHIPPING)
§ 31113. Reports
The Attorney General shall report to Congress at each session thereof all claims settled under this chapter.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1523.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31113
46 App.:790.
Mar. 3, 1925, ch. 428, § 10, 43 Stat. 1113; Aug. 30, 1954, ch. 1076, § 1(26), 68 Stat. 968.
46 U.S.C. § 31302 (SHIPPING)
§ 31302. Availability of instruments, copies, and information
The Secretary shall—
(1) make any instrument filed or recorded with the Secretary under this chapter available for public inspection;
(2) on request, provide a copy, including a certified copy, of any instrument made available for public inspection under this chapter; and
(3) on request, provide a certificate containing information included in an instrument filed or recorded under this chapter.
(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4740; Pub. L. 111–281, title IX, § 913(a)(1), Oct. 15, 2010, 124 Stat. 3017.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
31302(1)
46:927 (1st sentence)
31302(2)
46:927 (2d sentence)
31302(3)
New
Section 31302(1) makes all instruments filed for recording or recorded with the Secretary of Transportation available for public inspection. The only substantive change to law made by this subsection is the inclusion of instruments filed for recording, which is in keeping with the new requirements on filing of instruments made in section 31321.
Section 31302(2) requires the Secretary to provide the public with a certified copy of the material made available to the public under subsection (a). This subsection makes no substantive change to law.
Section 31302(3) requires the Secretary, on request, to issue a certificate containing the information included in instruments on file, such as certificates of ownership.
heading: Amendments
text: 2010—Pub. L. 111–281 struck out “of Transportation” after “Secretary” in introductory provisions.
46 U.S.C. § 31303 (SHIPPING)
§ 31303. Certain civil actions not authorized
If a mortgage covers a vessel and additional property that is not a vessel, this chapter does not authorize a civil action in rem to enforce the rights of the mortgagee under the mortgage against the additional property.
(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4740.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
31303
46:954(b)
Section 31303 makes it clear that, if a mortgage covers a vessel and additional property that is not a vessel, this chapter does not authorize a civil action in rem in admiralty to enforce rights against the additional property. This section makes no substantive change to law.
46 U.S.C. § 31304 (SHIPPING)
§ 31304. Liability for noncompliance
(a) If a person makes a contract secured by, or on the credit of, a vessel covered by a mortgage filed or recorded under this chapter and sustains a monetary loss because the mortgagor or the master or other individual in charge of the vessel does not comply with a requirement imposed on the mortgagor, master, or individual under this chapter, the mortgagor is liable for the loss.
(b) A civil action may be brought to recover for losses referred to in subsection (a) of this section. The district courts have original jurisdiction of the action, regardless of the amount in controversy or the citizenship of the parties. If the plaintiff prevails, the court shall award costs and attorney fees to the plaintiff.
(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4740.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
31304
46:941(c)
Section 31304 imposes liability on the mortgagor if the mortgagor, master, or other individual in charge of the vessel does not comply with the statutory requirements. A civil action may be brought in a district court of the United States for losses incurred. If the plaintiff prevails, the court shall award costs and attorneys fees to the plaintiff. This section makes two substantive changes to law. First, is the broadening of its coverage from documented vessels covered by a preferred mortgage to any vessel covered by a mortgage that is filed or recorded under the chapter. The second substantive change repeals the liability on the United States Government for losses caused because the Secretary did not comply with statutory requirements. This is covered by the Federal Tort Claims Act due to the nondiscretionary responsibility of the Secretary.
46 U.S.C. § 31305 (SHIPPING)
§ 31305. Waiver of lien rights
This chapter does not prevent a mortgagee or other lien holder from waiving or subordinating at any time by agreement or otherwise the lien holder’s right to a lien, the priority or, if a preferred mortgage lien, the preferred status of the lien.
(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4741.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
31305
46:974
Section 31305 provides for the waiver of lien rights by the mortgagee or a person performing or supplying necessaries. This section makes no substantive change to law and is included only because of a like provision in current law. Without this provision the Committee believes these waivers would be permissible as a matter of law as they do not violate any public policy and on their face reflect an arms length transaction between the parties. The inclusion of this provision should not raise the implication that a similar provision is required for other matters that may be waivable as a matter of law.
heading: house floor statement
text: Section 31305 has been changed to clarify that the chapter does not prevent a mortgagee or other lien holder from waiving by contract the right to a lien, or the priority of that lien.
46 U.S.C. § 31306 (SHIPPING)
§ 31306. Declaration of citizenship
(a) Except as provided by the Secretary, when an instrument transferring an interest in a vessel is presented to the Secretary for filing or recording, the transferee shall file with the instrument a declaration, in the form the Secretary may prescribe by regulation, stating information about citizenship and other information the Secretary may require to show the transaction involved does not violate section 56102 or 56103 of this title.
(b) A declaration under this section filed by a corporation must be signed by its president, secretary, treasurer, or other official authorized by the corporation to execute the declaration.
(c) Except as provided by the Secretary, an instrument transferring an interest in a vessel is not valid against any person until the declaration required by this section has been filed.
(d) A person knowingly making a false statement of a material fact in a declaration filed under this section shall be fined under title 18, imprisoned for not more than 5 years, or both.
(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4741; Pub. L. 101–225, title III, § 303(1), Dec. 12, 1989, 103 Stat. 1923; Pub. L. 109–304, § 15(27), Oct. 6, 2006, 120 Stat. 1704; Pub. L. 111–281, title IX, § 913(a)(1), Oct. 15, 2010, 124 Stat. 3017.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
31306
46:838
Section 31306(a) requires that a person submitting an instrument transferring interest in a vessel to the Secretary for recording is also to file a declaration stating information about citizenship and other information to show that the transfer is not in violation of section 9 of the Shipping Act, or section 37 of that Act in a national emergency. This section makes no substantive change to law.
Section 31306(b) requires that a declaration filed by a corporation must be signed by the president, secretary, treasurer, or other official authorized by the corporation to execute the declaration. This section makes no substantive change to law.
Section 31306(c) invalidates any instrument transferring an interest until the declaration is filed. This section makes no substantive change to law.
Section 31306(d) provides for a criminal penalty for a violation of this section. The amount of the fine is prescribed under title 18, United States Code, and may include imprisonment for not more than 5 years, or both. This section makes no substantive change to law.
heading: Amendments
text: 2010—Subsec. (a). Pub. L. 111–281 struck out “of Transportation” after “provided by the Secretary”.
2006—Subsec. (a). Pub. L. 109–304 substituted “section 56102 or 56103 of this title” for “section 9 or 37 of the Shipping Act, 1916 (46 App. U.S.C. 808, 835)”.
1989—Subsec. (a). Pub. L. 101–225, § 303(1)(A), substituted “Except as provided by the Secretary of Transportation, when” for “When” and “Secretary for filing” for “Secretary of Transportation for filing”.
Subsec. (c). Pub. L. 101–225, § 303(1)(B), substituted “Except as provided by the Secretary, an” for “An”.
46 U.S.C. § 31307 (SHIPPING)
§ 31307. State statutes superseded
This chapter supersedes any State statute conferring a lien on a vessel to the extent the statute establishes a claim to be enforced by a civil action in rem against the vessel for necessaries.
(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4741.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
31307
46:975
Section 31307 provides for preemption of State laws to the extent a claim for necessaries is enforced by a civil action in rem in admiralty against the vessel.
46 U.S.C. § 31308 (SHIPPING)
§ 31308. Secretary of Commerce or Transportation as mortgagee
The Secretary of Commerce or Transportation, as a mortgagee under this chapter, may foreclose on a lien arising from a right established under a mortgage under chapter 537 of this title, subject to section 362(b) of title 11.
(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4741; Pub. L. 101–595, title VI, § 603(13), Nov. 16, 1990, 104 Stat. 2993; Pub. L. 109–304, § 15(28), Oct. 6, 2006, 120 Stat. 1704; Pub. L. 111–281, title IX, § 913(b), Oct. 15, 2010, 124 Stat. 3017.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
31308
46:952 (last sentence)
Section 31308 allows the Secretary of Commerce or Transportation to foreclose on a lien arising from a right established under a mortgage under title XI of the Merchant Marine Act, 1936. This section makes no substantive change to law.
heading: Amendments
text: 2010—Pub. L. 111–281 substituted “The Secretary of Commerce or Transportation, as a mortgagee under this chapter,” for “When the Secretary of Commerce or Transportation is a mortgagee under this chapter, the Secretary”.
2006—Pub. L. 109–304 substituted “chapter 537 of this title” for “title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.)”.
1990—Pub. L. 101–595 substituted “(46 App. U.S.C. 1271 et seq.)” for “(46 App. U.S.C. 1241 et seq.)”.
46 U.S.C. § 31309 (SHIPPING)
§ 31309. General civil penalty
Except as otherwise provided in this chapter, a person violating this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $10,000.
(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4741.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
31309
New
Section 31309 provides for a civil penalty of not more than $10,000 for a violation of this chapter or a regulation prescribed under this chapter.