Title 46ShippingRelease 119-73

§31102 Waiver of immunity

Title 46 › Subtitle Subtitle III— - Maritime Liability › Chapter CHAPTER 311— - SUITS INVOLVING PUBLIC VESSELS › § 31102

Last updated Apr 6, 2026|Official source

Summary

You may sue the United States in maritime court for damage caused by a U.S. public vessel or for payment for towing or salvage; if the United States sues over damage by a private vessel, the owner may file a counterclaim or seek a setoff.

Full Legal Text

Title 46, §31102

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(a)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)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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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.

Reference

Citations & Metadata

Citation

46 U.S.C. § 31102

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Last Updated

Apr 6, 2026

Release point: 119-73