46 U.S.C. § 70120 — In rem liability for civil penalties and

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 crew on board the vessel, or in transit to or from the vessel, including accommoda- tion, detention, transportation, and medical expenses; and (B) required handling of cargo or other items on board the vessel. (Added Pub. L. 108–293, title VIII, § 802(a)(2), Aug. 9, 2004, 118 Stat. 1078, § 70117; renumbered § 70120 and amended Pub. L. 109–241, title IX, § 901(l)(2), (3), July 11, 2006, 120 Stat. 565; Pub. L. 109–304, § 15(33)(B), (C), Oct. 6, 2006, 120 Stat. 1705; Pub. L. 110–181, div. C, title XXXV, § 3529(c)(1), Jan. 28, 2008, 122 Stat. 603.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–181 repealed Pub. L. 109–304, § 15(33)(B), (C). See 2006 Amendment notes below. 2006—Pub. L. 109–304, § 15(33)(B), which directed re- numbering identical to that made by Pub. L. 109–241, § 901(l)(2), was repealed by Pub. L. 110–181. See Amend- ment note and Construction of 2006 Amendment note below. Pub. L. 109–241, § 901(l)(2), renumbered section 70117 of this title, as added by Pub. L. 108–293, § 802(a)(2), as this section. Subsec. (a). Pub. L. 109–304, § 15(33)(C), which directed amendment identical to that made by Pub. L. 109–241, § 901(l)(3), was repealed by Pub. L. 110–181. See Amend- ment note and Construction of 2006 Amendment note below. Pub. L. 109–241, § 901(l)(3), substituted ‘‘section 70119’’ for ‘‘section 70120’’. Statutory Notes and Related Subsidiaries CONSTRUCTION OF 2006 AMENDMENT Provisions of Pub. L. 109–304 repealed by section 3529(c)(1) of Pub. L. 110–181 to be treated as if never en- acted, see section 3529(c)(2) of Pub. L. 110–181, set out as a note under section 9504 of Title 26, Internal Revenue Code. § 70121. Withholding of clearance (a) REFUSAL OR REVOCATION OF CLEARANCE.—If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty under section 70119, or if reasonable cause exists to be- lieve that the owner, agent, master, officer, or person in charge may be subject to a penalty under section 70119, the Secretary may, with re- spect to such vessel, refuse or revoke any clear- ance required by section 60105 of this title. (b) CLEARANCE UPON FILING OF BOND OR OTHER SURETY.—The Secretary may require the filing of a bond or other surety as a condition of grant- ing clearance refused or revoked under this sub- section. (Added Pub. L. 108–293, title VIII, § 802(a)(2), Aug. 9, 2004, 118 Stat. 1079, § 70118; renumbered § 70121 and amended Pub. L. 109–241, title IX, § 901(l)(2), (4), July 11, 2006, 120 Stat. 565; Pub. L. 109–304, § 15(33)(B), (D), Oct. 6, 2006, 120 Stat. 1705; Pub. L. 110–181, div. C, title XXXV, § 3529(c)(1), Jan. 28, 2008, 122 Stat. 603.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–181 repealed Pub. L. 109–304, § 15(33)(B), (D)(i). See 2006 Amendment notes below. 2006—Pub. L. 109–304, § 15(33)(B), which directed re- numbering identical to that made by Pub. L. 109–241, § 901(l)(2), was repealed by Pub. L. 110–181. See Amend- ment note and Construction of 2006 Amendment note below. Pub. L. 109–241, § 901(l)(2), renumbered section 70118 of this title, as added by Pub. L. 108–293, § 802(a)(2), as this section. Subsec. (a). Pub. L. 109–304, § 15(33)(D)(ii), substituted ‘‘section 60105 of this title’’ for ‘‘section 4197 of the Re- vised Statutes of the United States (46 U.S.C. App. 91)’’. Pub. L. 109–304, § 15(33)(D)(i), which directed amend- ment identical to that made by Pub. L. 109–241, § 901(l)(4), was repealed by Pub. L. 110–181. See Amend- ment note and Construction of 2006 Amendment note below. Pub. L. 109–241, § 901(l)(4), substituted ‘‘section 70119’’ for ‘‘section 70120’’. Statutory Notes and Related Subsidiaries CONSTRUCTION OF 2006 AMENDMENT Provisions of Pub. L. 109–304 repealed by section 3529(c)(1) of Pub. L. 110–181 to be treated as if never en- acted, see section 3529(c)(2) of Pub. L. 110–181, set out as a note under section 9504 of Title 26, Internal Revenue Code. § 70122. Waterway Watch Program (a) PROGRAM ESTABLISHED.—There is hereby established, within the Coast Guard, the Amer- ica’s Waterway Watch Program.