CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 740 of this title; title 41 section 603.

8781. Libel in admiralty against or impleader of United States

A libel in personam in admiralty may be brought against the United States, or a petition impleading the United States, for damages caused by a public vessel of the United States, and for compensation for towage and salvage services, including contract salvage, rendered to a public vessel of the United States: Provided, That the cause of action arose after the 6th day of April, 1920.

(Mar. 3, 1925, ch. 428, § 1, 43 Stat. 1112.)

SHORT TITLE

Act Mar. 3, 1925, ch. 428, which enacted this chapter, is popularly known as the "Public Vessels Act".

FEDERAL RULES OF CIVIL PROCEDURE Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 7721; title 28 section 2680.

§ 782. Venue of suit; application of provisions of chapter 20

Such suit shall be brought in the district court of the United States for the district in which the vessel or cargo charged with creating the liability is found within the United States, or if such vessel or cargo be outside the territorial waters of the United States, then in the district court of the United States for the district in which the parties so suing, or any of them, reside or have an office for the transaction of business in the United States; or in case none of such parties reside or have an office for the transaction of business in the United States, and such vessel or cargo be outside the territorial waters of the United States, then in any district court of the United States. Such suits shall be subject to and proceed in accordance with the provisions of chapter 20 of this title or any amendment thereof, insofar as the same are not inconsistent herewith, except that no interest shall be allowed on any claim up to the time of the rendition of judgment unless upon a contract expressly stipulating for the payment of interest.

(Mar. 3, 1925, ch. 428, § 2, 43 Stat. 1112.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 7721; title 28 section 2680.

§ 783. Cross libel, set-off, or counterclaim

In the event of the United States filing a libel in rem or in personam in admiralty for damages caused by a privately owned vessel, the owner of such vessel, or his successors in interest, may file a cross libel in personam or claim a set-off or counterclaim against the United States in such suit for and on account of any damages arising out of the same subject matter or cause of action: Provided, That whenever a cross libel is filed for any cause of action for which the original libel is filed by authority of this chapter, the respondent in the cross libel shall give security in the usual amount and form to respond to the claim set forth in said cross libel unless the court, for cause shown, shall otherwise direct; and all proceedings on the original libel shall be stayed until such security shall be given.

(Mar. 3, 1925, ch. 428, § 3, 43 Stat. 1112.)

FEDERAL RULES OF CIVIL PROCEDURE

Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 7721; title 28 section 2680.

§ 784. Subpoenas to officers or members of crews No officer or member of the crew of any public vessel of the United States may be subpoenaed in connection with any suit authorized

§ 785. Suits by nationals of foreign governments

No suit may be brought under this chapter by a national of any foreign government unless it shall appear to the satisfaction of the court in which suit is brought that said government, under similar circumstances, allows nationals of the United States to sue in its courts. (Mar. 3, 1925, ch. 428, § 5, 43 Stat. 1113.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 7721; title 28 section 2680.

§ 786. Arbitration, compromise, or settlement

The Attorney General of the United States is authorized to arbitrate, compromise, or settle any claim on which a libel or cross libel would lie under the provisions of this chapter, and for which a libel or cross libel has actually been filed.

(Mar. 3, 1925, ch. 428, § 6, 43 Stat. 1113.)

FEDERAL RULES OF CIVIL PROCEDURE

Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 787 of this title; title 10 section 7721; title 28 section 2680.

§ 787. Payment of judgments or settlements

Any final judgment rendered on any libel or cross libel herein authorized, and any settlement had and agreed to under the provisions of section 786 of this title, shall, upon presentation of a duly authenticated copy thereof, be paid by the proper accounting officer of the United States out of any moneys in the Treasury of the United States appropriated therefor by Congress.

(Mar. 3, 1925, ch. 428, § 7, 43 Stat. 1113.)

FEDERAL RULES OF CIVIL PROCEDURE

Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 7721; title 28 section 2680.

§ 788. Lien not created against public vessels

Nothing contained in this chapter shall be construed to recognize the existence of or as creating a lien against any public vessel of the United States.

(Mar. 3, 1925, ch. 428, § 8, 43 Stat. 1113.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 7721; title 28 section 2680.

§ 789. Exemptions and limitations of liability

The United States shall be entitled to the benefits of all exemptions and of all limitations of liability accorded by law to the owners, charterers, operators or agents of vessels.

(Mar. 3, 1925, ch. 428, § 9, 43 Stat. 1113.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 7721; title 28 section 2680.

§ 790. Reports by Attorney General

The Attorney General of the United States shall report to the Congress at each session thereof all claims which shall have been settled under this chapter.

(Mar. 3, 1925, ch. 428, § 10, 43 Stat. 1113; Aug. 30, 1954, ch. 1076, § 1(26), 68 Stat. 968.)

AMENDMENTS

1954-Act Aug. 30, 1954, repealed the provisions requiring the Attorney General also to make annual reports to Congress of all suits in which final judgment was rendered under this chapter.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 7721; title 28 section 2680.

§§ 791 to 799. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

Section 791, act July 3, 1944, ch. 399, § 1, 58 Stat. 723, related to stay of proceedings during time of war, issuance of process to preserve evidence. See sections 7721 to 7723, and 7727 of Title 10, Armed Forces,

Section 792, act July 3, 1944, ch. 399, § 2, 58 Stat. 724, related to stay of proceedings to take testimony. See sections 7724 and 7727 of Title 10.

Section 793, act July 3, 1944, ch. 399, § 3, 58 Stat. 724, defined the term "vessels of the Navy or in the naval service". See sections 7621 and 7721 of Title 10.

Section 794, act July 3, 1944, ch. 399, § 4, 58 Stat. 724, authorized the filing of a certificate to extend or shorten the stay, provided for a notice to reconsider, secret hearings, and investigations. See sections 7725 to 7729 of Title 10.

Section 795, act July 3, 1944, ch. 399, § 5, 58 Stat. 725, provided for affidavits, statements or testimony in lieu of direct evidence. See section 7730 of Title 10.

Section 796, act July 3, 1944, ch. 399, § 6, 58 Stat. 726, provided for excluding the time during which a stay is in effect from the time during which a claimant may file suit. See section 7724 of Title 10.

Section 797, act July 3, 1944, ch. 399, § 7, 58 Stat. 726, authorized the Secretary of the Navy to consider, ascertain, adjust, determine, compromise, or settle claims for damages, and for compensation for towage and salvage services. See section 7622 of Title 10.

Section 798, act July 3, 1944, ch. 399, § 8, 58 Stat. 726, required reports by the Secretary of the Navy.

Federal Maritime Commission; rules and regulations for filing of rates and charges for barging and affreighting of containers or containerized cargo by barges within the United States.

828

829.

Registration, enrollment, and licensing of vessels purchased, chartered, or leased; regulations; coastwise trade.

830.

813a.

804a to 807. Omitted or Repealed. 808.

814.

815.

816.

817.

817a. 817b.

817c.

817d.

817e.

Dual rate contracts used by carriers in foreign commerce; subjection to public interest; fairness; provisions; termination on notice; permission of Commission required for lawfulness. Contracts between carriers filed with Commission; definition of "agreement"; approval, disapproval, etc., by Commission; unlawful execution of agreements; conference agreements; assessment agreements; antitrust laws exemption; civil action for penalties; terminal leases exemption. Discriminatory acts prohibited. Discriminatory rates prohibited; supervision by Board.

Carriers in interstate commerce to establish, observe, and enforce reasonable rates and regulations; carriers in foreign commerce to file tariffs of rates and charges; controlled carriers to establish and maintain reasonable rates and regulations. Omitted.

Free transportation of Government personnel in American vessels prohibited; exceptions; reduction of Government rate; penalty.

Free transportation of Government personnel in vessels under foreign flags prohibited; exceptions; penalty.

Financial responsibility of owners and charterers for death or injury to passengers or other persons.

833a.

Discovery; attendance of witnesses and production of books and papers.

Enforcement of orders of Commission.

Violation of orders of Commission for payment of money.

Venue and procedure in suits to enforce, suspend, or set aside orders.

Civil and criminal penalties.

Powers of Interstate Commerce Commission not affected; intrastate commerce.

Partial invalidity of chapter as not affecting remainder.

Exemption of agreements where exemption will not substantially impair effective regulation, be unjustly discriminatory, or detrimental to commerce; conditions; hearings. Refusal of clearance to vessel refusing to accept freight.

Restrictions on transfer of shipping facilities during war or national emergency.

Forfeitures.

Prima facie evidence.

Record of sale or other disposition of vessels.

Approvals by Secretary.

Documented vessels.

Repealed.

Rules and regulations.

Licensing of ocean freight forwarders.

(a) Requirement; exception.

(b) Qualifications for issuance of license; existing freight forwarders.

(c) Rules and regulations; bond or other
security.

(d) Effective date, amendment, suspen-
sion or revocation of license.
(e) Compensation of licensees; perform-
ance of duties; separate compensa-
tion for soliciting, booking or ar-
ranging space for cargo; certifica-
tion of licensed status and of serv-
ices rendered.

(f) Compensation prohibited; beneficial

interest.

Exemption for maritime labor agreements; exception; tariff requirements not exempt. Short title.

REPEALS

Subtitle IV (§ 10101 et seq.) of Title 49, Transportation (containing the codification of part III of the Interstate Commerce Act, as added by Act Sept. 18, 1940, ch. 722, title II, § 201, 54 Stat. 929, which was classified to sections 901 to 923 of former Title 49), provides for the regulation of rates and services of water carriers by the Interstate Commerce Commission, thereby substantially superseding certain sections of this and the

following chapters. In this connection section 920(a) to (d) of former Title 49 provided:

"(a) The Shipping Act of 1916, as amended [section 801 et seq. of this title], and the Intercoastal Shipping Act, 1933, as amended [section 843 et seq. of this title], are repealed insofar as they are inconsistent with any provision of this chapter [section 901 et seq. of former Title 49, Transportation] and insofar as they provide for the regulation of, or the making of agreements relating to, transportation of persons or property by water in commerce which is within the jurisdiction of the Commission under the provisions of this chapter; and any other provisions of law are hereby repealed insofar as they are inconsistent with any provision of this chapter.

"(b) Nothing in subsection (a) of this section shall be construed to repeal

"(1) section 1115 of Title 46, or any provision of law providing penalties for violations of said section;

"(2) the third sentence of section 844 of Title 46, as extended by section 845b of Title 46, or any provision of law providing penalties for violations of section 844 of Title 46;

"(3) the provisions of the Shipping Act of 1916, as amended [section 801 et seq. of this title], insofar as such Act provides for the regulation of persons included within the term 'other person subject to this Act', as defined in such Act;

"(4) sections 883 and 884 of Title 46.

"(c) Nothing in subsection (a) of this section shall be construed to affect the provisions of section 814 of Title 46 so as to prevent any water carrier subject to the provisions of this chapter from entering into any agreement under the provisions of said section with respect to transportation not subject to the provisions of this chapter in which such carrier may be engaged. "(d) Nothing in this chapter shall be construed to affect any law of navigation, the admiralty jurisdiction of the courts of the United States, liabilities of vessels and their owners for loss or damage, or laws respecting seamen, or any other maritime law, regulation, or custom not in conflict with the provisions of this chapter."

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 847, 1114, 1183, 1225, 1308, 1309 of this title; title 28 section 2342; title 49 sections 10544, 10703.

§ 801. Definitions

When used in this chapter:

The term "common carrier by water in foreign commerce" means a common carrier, except ferryboats running on regular routes, engaged in the transportation by water of passengers or property between the United States or any of its Districts, Territories, or possessions and a foreign country, whether in the import or export trade: Provided, That a cargo boat commonly called an ocean tramp shall not be deemed such "common carrier by water in foreign commerce."

The term "common carrier by water in interstate commerce" means a common carrier engaged in the transportation by water of passengers or property on the high seas or the Great Lakes on regular routes from port to port between one State, Territory, District, or possession of the United States and any other State, Territory, District, or possession of the United States, or between places in the same Territory, District, or possession.

The term "common carrier by water" means a common carrier by water in foreign commerce or a common carrier by water in interstate commerce on the high seas or the Great Lakes on regular routes from port to port.

carrier"

means a

The term "controlled common carrier by water operating, offering, or proposing to offer service in the foreign commerce of the United States which carrier is or whose operating assets are directly or indirectly owned or controlled by the government under whose registry the vessels of the controlled carrier operate. Ownership or control by such government shall be deemed to exist if a majority portion of the interest in the carrier is owned or controlled in any manner by such government, by any agency of the government, or by any person, corporation, or entity controlled by such government. Ownership or control shall also be deemed to exist if the government has the right to appoint or disapprove the appointment of a majority of the directors or the chief operating or executive officer of the carrier.

The term "other person subject to this chapter" means any person not included in the term "common carrier by water," carrying on the business of forwarding or furnishing wharfage, dock, warehouse, or other terminal facilities in connection with a common carrier by water.

The term "person" includes corporations, partnerships, and associations, existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country.

The term "vessel" includes all water craft and other artificial contrivances of whatever description and at whatever stage of construction, whether on the stocks or launched, which are used or are capable of being or are intended to be used as a means of transportation on water.

The term "documented under the laws of the United States," means "registered, enrolled, or licensed under the laws of the United States."

The term "carrying on the business of forwarding” means the dispatching of shipments by any person on behalf of others, by oceangoing common carriers in commerce from the United States, its Territories, or possessions to foreign countries, or between the United States and its Territories or possessions, or between such Territories and possessions, and handling the formalities incident to such shipments.

The term "independent ocean freight forwarder" means a person that is carrying on the business of forwarding for a consideration who is not a shipper, consignee, seller, or purchaser of shipments to foreign countries.

The term "maritime labor agreement" means any collective bargaining agreement between an employer subject to this chapter, or group of such employers and a labor organization representing employees in the maritime or stevedoring industry, or any agreement preparatory to such a collective bargaining agreement among members of a multiemployer bargaining group, or any agreement specifically implementing provisions of such a collective bargaining agreement or providing for the formation, financing, or administration of a multiemployer bargaining group.

(Sept. 7, 1916, ch. 451, § 1, 39 Stat. 728; July 15, 1918, ch. 152, § 1, 40 Stat. 900; Sept. 19, 1961, Pub. L. 87-254, § 1, 75 Stat. 522; Oct. 18, 1978, Pub. L. 95-483, § 2, 92 Stat. 1607; Aug. 8, 1980,

Pub. L. 96-325, § 2, 94 Stat. 1021; Aug. 13, 1981, Pub. L. 97-35, title XVI, § 1608(a), 95 Stat. 752.)

AMENDMENT OF SECTION

Section 1608(c) of Pub. L. 97-35 provided in part that after December 31, 1983, the definition of "independent ocean freight forwarder" shall read as follows:

"An independent ocean freight forwarder' is a person carrying on the business of forwarding for a consideration who is not a shipper or consignee or a seller or purchaser of shipments to foreign countries, nor has any beneficial interest therein, nor directly or indirectly controls or is controlled by such shipper or consignee or by any person having such a beneficial interest." CODIFICATION

Prior to incorporation in the Code, act Sept. 7, 1916, was amended by act July 15, 1918, which added the two pars. defining "vessel" and "documented under the laws of the United States."

AMENDMENTS

1981-Pub. L. 97-35 struck out in definition of "independent ocean freight forwarder" provision that the person not have any beneficial interest therein nor directly or indirectly controls or is controlled by such shipper or consignee or by any person having such a beneficial interest.

1980-Pub. L. 96-325 added definition of "maritime labor agreement".

1978-Pub. L. 95-483 added the definition of "controlled carrier".

1961-Pub. L. 87-254 added the definitions of "carrying on the business of forwarding" and "independent ocean freight forwarder".

EFFECTIVE AND TERMINATION DATES OF 1981
AMENDMENT

Section 1608(c) of Pub. L. 97-35 provided in part that such section 1608 [amending sections 801 and 841b of this title and enacting provisions set out as a note under this section] shall remain in effect until Dec. 31, 1983.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 4 of Pub. L. 95-483 provided that: "The provisions of this Act, including the amendments made by this Act (amending sections 801 and 817 of this title and enacting a provision set out as a note under section 842 of this title], shall become effective thirty days after its date of enactment [Oct. 18, 1978]."

REPEALS

For provisional repeal, see note set out preceding section 801 of this title.

REPORT TO CONGRESS BY JUNE 1, 1983, RESPECTING LEGISLATIVE ENFORCEABILITY AND NEED

Section 1608(c) of Pub. L. 97-35 provided in part that: "By June 1, 1983, the Federal Maritime Commission shall submit a report to Congress evaluating the enforceability of this section [amending sections 801 and 841b of this title] and describing any reasons why this section should not be made permanent law."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 845b, 888 of this title; title 49 section 10703.

§ 802. Corporation, partnership, or association as citi

zen

(a) Ownership of controlling interest

Within the meaning of this chapter no corporation, partnership, or association shall be

deemed a citizen of the United States unless the controlling interest therein is owned by citizens of the United States, and, in the case of a corporation, unless its president or other chief executive officer and the chairman of its board of directors are citizens of the United States and unless no more of its directors than a minority of the number necessary to constitute a quorum are noncitizens and the corporation itself is organized under the laws of the United States or of a State, Territory, District, or possession thereof, but in the case of a corporation, association, or partnership operating any vessel in the coastwise trade the amount of interest required to be owned by citizens of the United States shall be 75 per centum.

(b) Determination of controlling interest

The controlling interest in a corporation shall not be deemed to be owned by citizens of the United States (a) if the title to a majority of the stock thereof is not vested in such citizens free from any trust or fiduciary obligation in favor of any person not a citizen of the United States; or (b) if the majority of the voting power in such corporation is not vested in citizens of the United States; or (c) if through any contract or understanding it is so arranged that the majority of the voting power may be exercised, directly or indirectly, in behalf of any person who is not a citizen of the United States; or, (d) if by any other means whatsoever control of the corporation is conferred upon or permitted to be exercised by any person who is not a citizen of the United States.

(c) Determination of seventy-five per centum of inter

est

Seventy-five per centum of the interest in a corporation shall not be deemed to be owned by citizens of the United States (a) if the title to 75 per centum of its stock is not vested in such citizens free from any trust or fiduciary obligation in favor of any person not a citizen of the United States; or (b) if 75 per centum of the voting power in such corporation is not vested in citizens of the United States; or (c) if, through any contract or understanding, it is so arranged that more than 25 per centum of the voting power in such corporation may be exercised, directly or indirectly, in behalf of any person who is not a citizen of the United States; or (d) if by any other means whatsoever control of any interest in the corporation in excess of 25 per centum is conferred upon or permitted to be exercised by any person who is not a citizen of the United States.

(Sept. 7, 1916, ch. 451, § 2(a)-(c), 39 Stat. 729; July 15, 1918, ch. 152, § 2, 40 Stat. 900; June 5, 1920, ch. 250, § 38, 41 Stat. 1008; Sept. 21, 1959, Pub. L. 86-327, § 3, 73 Stat. 597.)

CODIFICATION

Section comprises subsecs. (a) to (c) of section 2 of act Sept. 7, 1916, as amended. Subsec. (d) of the act is classified to section 803 of this title.

Act Sept. 7, 1916, was amended by act July 15, 1918, which added par. relating to requirements for determining controlling interest.

The act was further amended by act June 5, 1920, which added par. relating to percentage of corporate