U.S. Code » Title 46 » Subtitle Subtitle III— Maritime Liability › Chapter CHAPTER 311— SUITS INVOLVING PUBLIC VESSELS

46 U.S.C. § 31102

Waiver of immunity

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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.)

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.

Notes of Decisions
Cited in 29 cases (17 in the last 5 years), 2007–2026 · leading case: Tobar v. United States, 639 F.3d 1191 (9th Cir. 2011).
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Tobar v. United States, 639 F.3d 1191 (9th Cir. 2011). · cites it 2× “” 46 U.S.C. § 31102 (a)(1). But the PVA contains a reciprocity requirement: A national of a foreign country may sue under the PVA only if the government of that foreign country would permit a United States national to bring the same suit in its courts.”
Abdulhalim Ali v. Robert Rogers, 780 F.3d 1229 (9th Cir. 2015). · cites it 2× “” 46 U.S.C. § 31102 (a)(1). Claims under the PVA have certain limitations that SIAA claims do not, but none that are relevant here.”
Roth v. Kiewit Offshore Servs., Ltd., 625 F. Supp. 2d 376 (S.D. Tex. 2008). “46 U.S.C. § 31102 (emphasis added). The SAA provides in pertinent part that: Waiver of Immunity.”
Wu Tien Li-Shou v. United States, 777 F.3d 175 (4th Cir. 2015). “” 46 U.S.C. § 31102 (a)(1). Neither statute contains an explicit exception to the scope of its waiver.”
Vulcan Materials Co. v. Massiah, 645 F.3d 249 (4th Cir. 2011). “1995); see also 46 U.S.C. § 31102 (providing that “a civil action in personam in admiralty may be brought .”
Uralde v. United States, 614 F.3d 1282 (11th Cir. 2010). “Substantively, the PVA waives the United States’ sovereign immunity with regard to admiralty claims in personam for “damages caused by a public vessel of the United States.”
Wade v. Bordelon Marine, Inc., 770 F. Supp. 2d 822 (E.D. La. 2011). “” 46 U.S.C. § 31102 (a)(1). “Because of a curious historical anomaly,” the SAA and PVA overlap to some extent.”
Shaver Transp. Co. v. United States, 948 F. Supp. 2d 1193 (D. Or. 2013). · cites it 2× “” 46 U.S.C. § 31102 (a). The waiver of sovereign immunity under the SAA provides that, “[i]n a case in which, if a vessel were privately owned or operated, or if cargo were privately owned or possessed, or if a private person or property were involved, a civil action in…”
Alexis Viera Borges v. United States, 652 F. App'x 824 (11th Cir. 2016). “” 46 U.S.C. §§ 31102 (a)(1), 31111. The Supreme Court has interpreted “the phase ‘caused by a public vessel’” as including when “the vessel was the physical instrument that caused the physical damage” and when “the vessel .”
Verlisha Robinson & Jouan Jackson v. Am. Overseas Marine & Patton Caldwell, 422 S.W.3d 1 (Tex. App. 2012). · cites it 2× “See 46 U.S.C. § 31102 (providing that “a civil action in personam in admiralty may be brought .”
In the Matter of Energetic Tank, Inc. (2d Cir. 2024). · cites it 3× “§ 30903 , and the Public Vessels Act, 46 U.S.C. § 31102 . The district court bifurcated proceedings.”
Crawford v. Elec. Boat Corp., 515 F. Supp. 2d 282 (D. Conn. 2007). · cites it 2× “§ 30903 ; 46 U.S.C. § 31102 . The Plaintiffs argue that it is unclear whether a vessel undergoing sea trials qualifies as a “vessel in navigation” under the Suits in Admiralty Act.”
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