2014 US Code
Title 46 - Shipping (Sections 101 - 80509)
Subtitle III - Maritime Liability (Sections 30101 - 31343)
Chapter 311 - Suits Involving Public Vessels (Sections 31101 - 31113)
Sec. 31102 - Waiver of immunity
| Publication Title | United States Code, 2012 Edition, Supplement 2, Title 46 - SHIPPING |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 46 - SHIPPING Subtitle III - Maritime Liability CHAPTER 311 - SUITS INVOLVING PUBLIC VESSELS Sec. 31102 - Waiver of immunity |
| Contains | section 31102 |
| Date | 2014 |
| Laws In Effect As Of Date | January 5, 2015 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Pub. L. 109-304, §6(c), Oct. 6, 2006, 120 Stat. 1521. |
| Statutes at Large References | 43 Stat. 1112 120 Stat. 1521 |
| Public and Private Laws | Public Law 109-304 |
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(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.)
| 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.
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