Page:United States Statutes at Large Volume 118.djvu/1109

 118 STAT. 1079 PUBLIC LAW 108–293—AUG. 9, 2004 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. ‘‘§ 70118. 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 believe that the owner, agent, master, officer, or person in charge may be subject to a penalty under section 70120, the Secretary may, with respect to such vessel, refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91). ‘‘(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 granting clearance refused or revoked under this subsection.’’. (b) ACT OF JUNE 15, 1917.—Section 2 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 192), is amended— (1) in subsection (c) by striking ‘‘Act’’ each place it appears and inserting ‘‘title’’; and (2) by adding at the end the following: ‘‘(d) IN REM LIABILITY.—Any vessel that is used in violation of this title, or of any regulation issued under this title, shall be liable in rem for any civil penalty assessed pursuant to subsection (c) and may be proceeded against in the United States district court for any district in which such vessel may be found. ‘‘(e) WITHHOLDING OF CLEARANCE.— ‘‘(1) IN GENERAL.—If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty or fine under subsection (c), or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty or fine under this section, the Secretary may, with respect to such vessel, refuse or revoke

�