§ 1973. Reimbursement of owner for any direct charges paid to secure release of vessel and crew

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1954

   Aug. 27, 1954, ch. 1018, § 3, 68 Stat. 883 · 68 Stat. 883

   Enacted · 22 U.S.C. § 1973

   Aug. 27, 1954, ch. 1018, § 3, 68 Stat. 883

   Source evidence

   Code source credit
   Aug. 27, 1954, ch. 1018, § 3, 68 Stat. 883

2. 1968

   Fishermen’s Protective Act of 1967

   Pub. L. 90–482 § 2 · 82 Stat. 729

   Inserted · 22 U.S.C. § 1973

   Pub. L. 90–482 inserted “, license fee, registration fee, or any other direct charge” after “fine” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 90–482 inserted “, license fee, registration fee, or any other direct charge” after “fine” wherever appearing.

   Enacted provision · exact public law section
   Sec. 2. Section 3 of the Act of August 27, 1954 (68 Stat. 883; 22 U.S.C. 1973), is amended by inserting a comma after the word “fine” wherever it appears and the words “license fee, registration fee, or any other direct charge”.

3. 1972

   Pub. L. 92–569 § 2 · 86 Stat. 1181

   1. Amended · 22 U.S.C. § 1973

      Pub. L. 92–569 designated existing provisions as subsec. (a)

   2. Inserted · 22 U.S.C. § 1973

      Pub. L. 92–569 inserted provision that reimbursement under this section shall be made from the Fishermen’s Protective Fund

   3. Added · 22 U.S.C. § 1973

      Pub. L. 92–569 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 92–569 designated existing provisions as subsec. (a), inserted provision that reimbursement under this section shall be made from the Fishermen’s Protective Fund, and added subsec. (b).

   Enacted provision · exact public law section
   Sec. 2. Section 3 of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1973) is amended by inserting “(a)” immediately before “In”, and by adding at the end thereof the following: “Any reimbursement under this section shall be made from the Fishermen’s Protective Fund Post, p. 1183. established pursuant to section 9. “(b) The Secretary of State shall make a certification under subsection (a) of this section as soon as possible after he is notified pursuant to section 2(b) of the amounts of the fines, fees, and other direct charges which were paid by the owners to secure the release of their vessel and crew. The amount of reimbursement made by the Secretary of the Treasury to the owners of any vessel under subsection (a) of this section shall constitute a lien on the vessel which may be recovered in proceedings by libel in rem in the district court of the United States for any district within which the vessel may be. Any such lien shall terminate on the ninetieth day after the date on which the Secretary of the Treasury reimburses the owners under this section unless before such ninetieth day the United States initiates action to enforce the lien.”

4. 1976

   Fishery Conservation and Management Act of 1976

   Pub. L. 94–265 title IV § 403(a)(2) · 90 Stat. 331

   Inserted · 22 U.S.C. § 1973(a)

   Pub. L. 94–265 inserted definition of “other direct charge”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–265 inserted definition of “other direct charge”.

   Enacted provision · exact public law section
   (2) by amending section 3 (a) thereof by inserting immediately before the last sentence thereof the following new sentence: “For purposes of this section, the term ‘other direct charge’ means any levy, ’ however characterized or computed (including, but not limited to, any computation based on the value of a vessel or the value of fish or other property on board a vessel), which is imposed in addition to any fine, license fee, or registration fee.”

   Effective date note
   Pub. L. 94–265, title IV, § 403(b), Apr. 13, 1976, 90 Stat. 360, provided in part that the amendment made by section 403(a)(2) of Pub. L. 94–265 to this section was to apply with respect to seizures of vessels of the United States occurring on or after Dec. 31, 1974, prior to the general amendment of title IV of Pub. L. 94–265 by Pub. L. 104–297.

5. 1984

   Pub. L. 98–364 § 302(a)(1) · 98 Stat. 440

   Substituted · 22 U.S.C. § 1973(a)

   Pub. L. 98–364, § 302(a)(1), substituted “Secretary of State in the amount determined and certified by him” for “Secretary of the Treasury in the amount certified to him by the Secretary of State”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 98–364, § 302(a)(1), substituted “Secretary of State in the amount determined and certified by him” for “Secretary of the Treasury in the amount certified to him by the Secretary of State”.

   Enacted provision · exact public law section
   (1) by striking “Secretary of the Treasury in the amount certified to him by the Secretary of State” in the first sentence of subsection (a) and inserting in lieu thereof “Secretary of State in the amount determined and certified by him”; and

6. 1984

   Pub. L. 98–364 § 302(a)(2) · 98 Stat. 440

   1. Inserted · 22 U.S.C. § 1973(b)

      Pub. L. 98–364, § 302(a)(2), inserted “determination and” before “certification” in first sentence

   2. Substituted · 22 U.S.C. § 1973(b)

      Pub. L. 98–364, § 302(a)(2), substituted “State” for “the Treasury” in second and third sentences

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 98–364, § 302(a)(2), inserted “determination and” before “certification” in first sentence, and substituted “State” for “the Treasury” in second and third sentences.

   Enacted provision · exact public law section
   (2) by amending subsection (b)— (A) by inserting “determination and” immediately before “certification” in the first sentence thereof; and (B) by striking “the Treasury” in the second and third sentences and inserting in lieu thereof “State”.

8 of 9 references resolved to an enrolled provision · 1 partial