660
Opinion of the Court
"forthwith," as required by § 742, deprived the District Court of subject-matter jurisdiction because § 742 describes the conditions of the United States' waiver of sovereign immunity.
The District Court initially denied the Government's motion, but reconsidered the matter based on an intervening Fifth Circuit decision, United States v. Holmberg, 19 F. 3d 1062, cert. denied, 513 U. S. 986 (1994). The court in Holm-berg, agreeing with the United States, held that the § 742 service "forthwith" requirement "is a condition of the Government's waiver of sovereign immunity and, thus, a jurisdictional prerequisite." 19 F. 3d, at 1064. In so ruling, the Holmberg court rejected the argument that service of process under the Suits in Admiralty Act, as in the generality of cases arising and timely filed under federal law, is a matter of procedure, now governed by the Federal Rules of Civil Procedure.
Bound by Holmberg, the District Court dismissed Henderson's complaint for lack of subject-matter jurisdiction, and the Court of Appeals, adhering to Holmberg, affirmed. 51 F. 3d 574 (CA5 1995).7 We granted certiorari to resolve disagreement among lower courts on the question whether Federal Rule 4, which authorizes an extendable 120-day period for service of process, supersedes the Suits in Admiralty Act provision that service on the United States be made "forthwith." 8
7 The Holmberg court "agree[d] that there has been no uniform definition of forthwith," as that term is used in § 742, 19 F. 3d, at 1065, and the Court of Appeals in the instant case took no position on whether service on the Attorney General 47 days after commencement of the action could count as "forthwith." 51 F. 3d, at 577. The court held, however, that the "forthwith" requirement applies to service on both officers—the United States Attorney and the Attorney General—and stated that "completing service in 148 days [through service on the United States Attorney] is not forthwith." Id., at 576.
8 Compare, e. g., Libby v. United States, 840 F. 2d 818, 819-821 (CA11 1988); Kenyon v. United States, 676 F. 2d 1229, 1231 (CA9 1981); Battaglia
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