2016 US Code
Title 46 - Shipping
Subtitle III - Maritime Liability
Chapter 311 - Suits Involving Public Vessels
Sec. 31102 - Waiver of immunity

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Citation 46 U.S.C. § 31102 (2016)
Section Name §31102. Waiver of immunity
Section Text

(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.

Source Credit

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1521.)

Editorial Notes
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.

Publication Title United States Code, 2012 Edition, Supplement 4, 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 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 43 Stat. 1112
120 Stat. 1521
Public Law References Public Law 109-304
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