US Code

Public Law 119-73 (01/23/2026)

46 U.S.C. § 70120

In rem liability for civil penalties and certain costs

(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.

Pub. L. 108–293, title VIII, § 802(a)(2)118 Stat. 1078Pub. L. 109–241, title IX, § 901l120 Stat. 565Pub. L. 109–304, § 15(33)(B)120 Stat. 1705Pub. L. 110–181, div. C, title XXXV, § 3529(c)(1)122 Stat. 603(Added , , , § 70117; renumbered § 70120 and amended ()(2), (3), , ; , (C), , ; , , .)

Editorial Notes

Amendments

Pub. L. 110–181Pub. L. 109–304, § 15(33)(B)2008— repealed , (C). See 2006 Amendment notes below.

Pub. L. 109–304, § 15(33)(B)Pub. L. 109–241, § 901lPub. L. 110–1812006—, which directed renumbering identical to that made by ()(2), was repealed by . See Amendment note and Construction of 2006 Amendment note below.

Pub. L. 109–241, § 901lsection 70117 of this titlePub. L. 108–293, § 802(a)(2)()(2), renumbered , as added by , as this section.

Pub. L. 109–304, § 15(33)(C)Pub. L. 109–241, § 901lPub. L. 110–181Subsec. (a). , which directed amendment identical to that made by ()(3), was repealed by . See Amendment note and Construction of 2006 Amendment note below.

Pub. L. 109–241, § 901l()(3), substituted “section 70119” for “section 70120”.

Statutory Notes and Related Subsidiaries

Construction of 2006 Amendment

Pub. L. 109–304section 3529(c)(1) of Pub. L. 110–181section 3529(c)(2) of Pub. L. 110–181section 9504 of Title 26Provisions of repealed by to be treated as if never enacted, see , set out as a note under , Internal Revenue Code.