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Title 46 — ShippingRelease 119-73not60

§70120 In Rem Liability for Civil Penalties and Certain Costs

Title 46 › Subtitle Subtitle VII— Security and Drug Enforcement › Chapter 701— PORT SECURITY › Subchapter I— GENERAL › § 70120

Last updated Apr 5, 2026|Official source

Summary

A vessel that breaks the rules must pay civil fines under section 70119 and can be sued in federal court where the ship is found. The vessel must also pay back costs that service providers incur while carrying out or enforcing the rules because of the operator’s violation, and those costs can also be recovered by suing the vessel in a federal court where it is located. reimbursable costs — expenses a service provider pays while following a lawful federal order or the vessel operator’s instructions. service provider — a port authority, terminal operator, shipping agent, government agency, or other person who manages the vessel at a port; covers services like crew lodging, transport, medical care, and cargo handling.

Full Legal Text

Title 46, §70120

Shipping — Source: USLM XML via OLRC

(a)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)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)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.

Legislative History

Notes & Related Subsidiaries

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 renumbering identical to that made by Pub. L. 109–241, § 901(l)(2), was repealed by Pub. L. 110–181. See Amendment 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 Amendment 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 AmendmentProvisions of Pub. L. 109–304 repealed by section 3529(c)(1) of Pub. L. 110–181 to be treated as if never enacted, see section 3529(c)(2) of Pub. L. 110–181, set out as a note under section 9504 of Title 26, Internal Revenue Code.

Reference

Citations & Metadata

Citation

46 U.S.C. § 70120

Title 46 — Shipping

Last Updated

Apr 5, 2026

Release point: 119-73not60