Page:United States Statutes at Large Volume 120.djvu/1549

 120 STAT. 1518

PUBLIC LAW 109–304—OCT. 6, 2006

‘‘§ 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 federallyowned 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 federallyowned 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.

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