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46 U.S.C. § 70120 — In rem liability for civil penalties and certain costs
Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil Penalties.—** Any vessel operated in violation of this chapter or any regulations prescribed under this chapter shall be liable in rem for any civil penalty assessed pursuant to section 70119 for such violation, and may be proceeded against for such liability in the United States district court for any district in which the vessel may be found.
**(b) Reimbursable Costs of Service Providers.—** A vessel shall be liable in rem for the reimbursable costs incurred by any service provider related to implementation and enforcement of this chapter and arising from a violation by the operator of the vessel of this chapter or any regulations prescribed under this chapter, and may be proceeded against for such liability in the United States district court for any district in which such vessel may be found.
**(c) Definitions.—** In this subsection—
(1) the term “reimbursable costs” means costs incurred by any service provider acting in conformity with a lawful order of the Federal government or in conformity with the instructions of the vessel operator; and
(2) the term “service provider” means any port authority, facility or terminal operator, shipping agent, Federal, State, or local government agency, or other person to whom the management of the vessel at the port of supply is entrusted, for—
(A) services rendered to or in relation to vessel crew on board the vessel, or in transit to or from the vessel, including accommodation, detention, transportation, and medical expenses; and
(B) required handling of cargo or other items on board the vessel.
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Source file: Laws/federal/codes/united-states-code/title-46/section-70120-in-rem-liability-for-civil-penalties-and-certain-costs--50ade103c8.md
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Source location: Title 46, Chapter 701, § 70120; chapter-701-port-security.md
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**(a) Civil Penalties.—** Any vessel operated in violation of this chapter or any regulations prescribed under this chapter shall be liable in rem for any civil penalty assessed pursuant to section 70119 for such violation, and may be proceeded against for such liability in the United States district court for any district in which the vessel may be found.
**(b) Reimbursable Costs of Service Providers.—** A vessel shall be liable in rem for the reimbursable costs incurred by any service provider related to implementation and enforcement of this chapter and arising from a violation by the operator of the vessel of this chapter or any regulations prescribed under this chapter, and may be proceeded against for such liability in the United States district court for any district in which such vessel may be found.
**(c) Definitions.—** In this subsection—
(1) the term “reimbursable costs” means costs incurred by any service provider acting in conformity with a lawful order of the Federal government or in conformity with the instructions of the vessel operator; and
(2) the term “service provider” means any port authority, facility or terminal operator, shipping agent, Federal, State, or local government agency, or other person to whom the management of the vessel at the port of supply is entrusted, for—
(A) services rendered to or in relation to vessel crew on board the vessel, or in transit to or from the vessel, including accommodation, detention, transportation, and medical expenses; and
(B) required handling of cargo or other items on board the vessel.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 108–293, title VIII, § 801(a), Aug. 9, 2004, 118 Stat. 1078, § 70118; renumbered § 70117, Pub. L. 109–241, title IX, § 901(l)(1), July 11, 2006, 120 Stat. 565; Pub. L. 109–304, § 15(33)(A), Oct. 6, 2006, 120 Stat. 1705; Pub. L. 110–181, div. C, title XXXV, § 3529(c)(1), Jan. 28, 2008, 122 Stat. 603, related to firearms, arrests, and seizure of property.
#### Prior Provisions
A prior section 70117 was renumbered [section 70120 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70120&num=0&edition=prelim).
Another prior section 70117 was renumbered [section 70119 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70119&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 70117
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Creation of Trust Fund** There is established in the Treasury of the United States a trust fund to be known as the “Highway Trust Fund”, consisting of such amounts as may be appropriated or credited to the Highway Trust Fund as provided in this section or section 9602(b).
**(b) Transfer to Highway Trust Fund of amounts equivalent to certain taxes and penalties**
(1) **Certain taxes** — There are hereby appropriated to the Highway Trust Fund amounts equivalent to the taxes received in the Treasury before October 1, 2028, under the following provisions—
(A) section 4041 (relating to taxes on diesel fuels and special motor fuels),
(B) section 4051 (relating to retail tax on heavy trucks and trailers),
(C) section 4071 (relating to tax on tires),
(D) section 4081 (relating to tax on gasoline, diesel fuel, and kerosene), and
(E) section 4481 (relating to tax on use of certain vehicles).
For purposes of this paragraph, taxes received under sections 4041 and 4081 shall be determined without reduction for credits under section 6426 and taxes received under section 4081 shall be determined without regard to tax receipts attributable to the rate specified in section 4081(a)(2)(C).
(2) **Liabilities incurred before October 1, 2028** — There are hereby appropriated to the Highway Trust Fund amounts equivalent to the taxes which are received in the Treasury after September 30, 2028, and before July 1, 2029, and which are attributable to liability for tax incurred before October 1, 2028, under the provisions described in paragraph (1).
(3) **Repealed. Pub. L. 109–59, title XI, § 11161(c)(2)(C), Aug. 10, 2005, 119 Stat. 1972]**
(4) **Certain taxes not transferred to Highway Trust Fund** — For purposes of paragraphs (1) and (2), there shall not be taken into
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Federal law — U.S. Code and appendices · legal_authorities
Page 589
TITLE 46—SHIPPING
§ 70122
Editorial Notes
CODIFICATION
Another section 70119 was renumbered section 70118 of
this title.
AMENDMENTS
2006—Pub. L. 109–241 designated existing provisions as
subsec. (a), inserted heading, substituted ‘‘day during
which the violation continues’’ for ‘‘violation’’, and
added subsec. (b).
§ 70120. In rem liability for civil penalties and
certain costs
(a) CIVIL PENALTIES.—Any vessel operated in
violation of this chapter or any regulations pre-
scribed under this chapter shall be liable in rem
for any civil penalty assessed pursuant to sec-
tion 70119 for such violation, and may be pro-
ceeded against for such liability in the United
States district court for any district in which
the vessel may be found.
(b) REIMBURSABLE
COSTS
OF
SERVICE
PRO-
VIDERS.—A vessel shall be liable in rem for the
reimbursable costs incurred by any service pro-
vider related to implementation and enforce-
ment of this chapter and arising from a viola-
tion by the operator of the vessel of this chapter
or any regulations prescribed under this chap-
ter, and may be proceeded against for such li-
ability in the United States district court for
any district in which such vessel may be found.
(c) DEFINITIONS.—In this subsection—
(1) the term ‘‘reimbursable costs’’ means
costs incurred by any service provider acting
in conformity with a lawful order of the Fed-
eral government or in conformity with the in-
structions of the vessel operator; and
(2) the term ‘‘service provider’’ means any
port authority, facility or terminal operator,
shipping agent, Federal, State, or local gov-
ernment agency, or other person to whom the
management of the vessel at the port of sup-
ply is entrusted, for—
(A) services rendered to or in relation to
vessel
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 70120
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