§ 70121. Withholding of clearance

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. 2004

   Pub. L. 108–293 title VIII § 802(a)(2) · 118 Stat. 1028

   Enacted · 46 U.S.C. § 70121

   Added Pub. L. 108–293, title VIII, § 802(a)(2), Aug. 9, 2004, 118 Stat. 1079, § 70118

   Source evidence

   Code source credit
   Added Pub. L. 108–293, title VIII, § 802(a)(2), Aug. 9, 2004, 118 Stat. 1079, § 70118

   Enacted provision · exact public law section
   (2) by inserting after section 70116 the following: “§ 70117. 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 70120 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. “§ 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.” .

2. 2006

   Coast Guard and Maritime Transportation Act of 2006

   Pub. L. 109–241 § 901 · 120 Stat. 516

   Added · 46 U.S.C. § 70121

   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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   SEC. 901. MISCELLANEOUS TECHNICAL CORRECTIONS. (a) Requirements for Cooperative Agreements for Voluntary Services.— Section 93(a)(19) of title 14, United States Code, is amended by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively. (b) Correction of Amendment to Chapter Analysis.— Effective August 9, 2004, section 212(b) of the Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 1037) is amended by inserting “of title 14” after “chapter 17”. (c) Recommendations to Congress by Commandant of the Coast Guard.— Section 93(a) of title 14, United States Code, is amended by redesignating paragraph (y) as paragraph (24). (d) Correction of Reference to Ports and Waterways Safety Act.— Effective Effective date. 33 USC 1223 and note. August 9, 2004, section 302 of the Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 1041) is amended by striking “of 1972”. (e) Technical Correction of Penalty.— Section 4311(b) of title 46, United States Code, is amended by striking “4307(a)of” and inserting “4307(a) of”. (f) Determining Adequacy of Potable Water.— Section 3305(a) of title 46, United States Code, is amended by moving paragraph (2) two ems to the left, so that the material preceding subparagraph (A) of such paragraph aligns with the left-hand margin of paragraph (1) of such section. (g) Renewal of Advisory Group.— Effective Effective date. 46 USC 4508 and note. August 9, 2004, section 418(a) of the Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 1049) is amended by striking “of September 30, 2005” and inserting “on September 30, 2005”. (h) Technical Corrections Relating to References to National Driver Register.— (1) Amendment instruction.— Effective Effective date. 46 USC 7302 and note. August 9, 2004, section 609(1) of the Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 1058) is amended in the matter preceding subparagraph (A) by striking “7302” and inserting “7302(c)”. (2) Omitted word.— Section 7302(c) of title 46, United States Code, is amended— (A) by inserting “section” before “30305(b)(5)”; and (B) by inserting “section” before “30304(a)(3)(A)”. (3) Extraneous u.s.c. reference.— Section 7703(3) of title 46, United States Code, is amended by striking “(23 U.S.C. 401 note)”. (i) Vessel Response Plans for Nontank Vessels.— (1) Correction of vessel references.— Section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) is amended by striking “non-tank” each place it appears and inserting “nontank”. (2) Punctuation error.— Effective Effective date. 33 USC 1321 and note. August 9, 2004, section 701(b)(9) of the Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 1068) is amended by inserting closing quotation marks after “each tank vessel”. (j) Punctuation Error.— Section 5006(c) of the Oil Pollution Act of 1990 (33 U.S.C. 2736(c)) is amended by inserting a comma after “October 1, 2012”. (k) Correction to Subtitle Designation.— (1) Redesignation.— Title 46, United States Code, is amended by redesignating subtitle VI 46 USC 70101. as subtitle VII. (2) Clerical amendment.— The table of subtitles at the beginning of title 46, United States Code, is amended by striking the item relating to subtitle VI and inserting the following: “VII. MISCELLANEOUS (l) Corrections to Chapter 701 of Title 46, United States Code.— Chapter 701 of title 46, United States Code, 46 USC 70101 et seq. is amended as follows: (1) Sections 70118 and 70119, as added by section 801 of the Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 1078), relating to firearms, arrests, and seizure of property and to enforcement by State and local officers, are redesignated as sections 70117 and 70118, respectively, and moved to appear immediately after section 70116 of title 46, United States Code. (2) Sections 70117 and 70118, as added by section 802 of such Act (118 Stat. 1078), relating to in rem liability for civil penalties and to certain costs and withholding of clearance, are redesignated as sections 70120 and 70121, respectively, and moved to appear immediately after section 70119 of title 46, United States Code. (3) In section 70120(a), as redesignated by paragraph (2) of this section, by striking “section 70120” and inserting “section 70119”. (4) In section 70121(a), as redesignated by paragraph (2) of this section, by striking “section 70120” and inserting “section 70119”. (5) In the analysis at the beginning of the chapter by striking the items relating to sections 70117 through the second 70119 and inserting the following: “70117.  Firearms, arrests, and seizure of property. “70118.  Enforcement by State and local officers. “70119.  Civil penalty. “70120.  In rem liability for civil penalties and certain costs. “70121.  Withholding of clearance.”. (m) Area Maritime Security Advisory Committees; Margin Alignment.— Section 70112(b) of title 46, United States Code, is amended by moving paragraph (5) two ems to the left, so that the left-hand margin of paragraph (5) aligns with the left-hand margin of paragraph (4) of such section. (n) Technical Correction Regarding Tank Vessel Environmental Equivalency Evaluation Index.— Section 4115(e)(3) of the Oil Pollution Act of 1990 (46 U.S.C. 3703a note) is amended by striking “hull” the second place it appears. (o) Corrections to Section 6101 of Title 46, United States Code.— Section 6101 of title 46, United States Code, is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by redesignating the second subsection (g) as subsection (h). (p) Drug Interdiction Report.— (1) In general.— Section 103 of the Coast Guard Authorization Act of 1996 (14 U.S.C. 89 note; 110 Stat. 3905) is amended to read as follows: “SEC. 103. ANNUAL REPORT ON DRUG INTERDICTION.   “Not later than 30 days after the end of each fiscal year, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on all expenditures related to drug interdiction activities of the Coast Guard on an annual basis.” . (2) Clerical amendment.— The table of contents in section 2 of such Act is amended by striking the item relating to section 103 and inserting the following: “Sec. 103.  Annual reports on drug interdiction.”. (q) Acts of Terrorism Report.— Section 905 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (46 U.S.C. App. 1802; 100 Stat. 890) is amended by striking “Not later than February 28, 1987, and annually thereafter, the Secretary of Transportation shall report” and inserting “The Secretary of the department in which the Coast Guard is operating shall report annually”. (r) Corrections to Dingell-Johnson Sport Fish Restoration Act.— (1) Section 4.— Section 4(c) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(c)) is amended by striking “, for each of fiscal years 2006 through 2009,”. (2) Section 14.— Section 14(a)(1) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777m(a)(1)) is amended by striking “For each of the fiscal years 2006 through 2009, not more than” and inserting “Not more than”.

3. 2006

   Coast Guard and Maritime Transportation Act of 2006

   Pub. L. 109–241 § 901 · 120 Stat. 516

   Substituted · 46 U.S.C. § 70121(a)

   Pub. L. 109–241, § 901(l)(4), substituted “section 70119” for “section 70120”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–241, § 901(l)(4), substituted “section 70119” for “section 70120”.

   Enacted provision · exact public law section
   SEC. 901. MISCELLANEOUS TECHNICAL CORRECTIONS. (a) Requirements for Cooperative Agreements for Voluntary Services.— Section 93(a)(19) of title 14, United States Code, is amended by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively. (b) Correction of Amendment to Chapter Analysis.— Effective August 9, 2004, section 212(b) of the Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 1037) is amended by inserting “of title 14” after “chapter 17”. (c) Recommendations to Congress by Commandant of the Coast Guard.— Section 93(a) of title 14, United States Code, is amended by redesignating paragraph (y) as paragraph (24). (d) Correction of Reference to Ports and Waterways Safety Act.— Effective Effective date. 33 USC 1223 and note. August 9, 2004, section 302 of the Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 1041) is amended by striking “of 1972”. (e) Technical Correction of Penalty.— Section 4311(b) of title 46, United States Code, is amended by striking “4307(a)of” and inserting “4307(a) of”. (f) Determining Adequacy of Potable Water.— Section 3305(a) of title 46, United States Code, is amended by moving paragraph (2) two ems to the left, so that the material preceding subparagraph (A) of such paragraph aligns with the left-hand margin of paragraph (1) of such section. (g) Renewal of Advisory Group.— Effective Effective date. 46 USC 4508 and note. August 9, 2004, section 418(a) of the Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 1049) is amended by striking “of September 30, 2005” and inserting “on September 30, 2005”. (h) Technical Corrections Relating to References to National Driver Register.— (1) Amendment instruction.— Effective Effective date. 46 USC 7302 and note. August 9, 2004, section 609(1) of the Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 1058) is amended in the matter preceding subparagraph (A) by striking “7302” and inserting “7302(c)”. (2) Omitted word.— Section 7302(c) of title 46, United States Code, is amended— (A) by inserting “section” before “30305(b)(5)”; and (B) by inserting “section” before “30304(a)(3)(A)”. (3) Extraneous u.s.c. reference.— Section 7703(3) of title 46, United States Code, is amended by striking “(23 U.S.C. 401 note)”. (i) Vessel Response Plans for Nontank Vessels.— (1) Correction of vessel references.— Section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) is amended by striking “non-tank” each place it appears and inserting “nontank”. (2) Punctuation error.— Effective Effective date. 33 USC 1321 and note. August 9, 2004, section 701(b)(9) of the Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 1068) is amended by inserting closing quotation marks after “each tank vessel”. (j) Punctuation Error.— Section 5006(c) of the Oil Pollution Act of 1990 (33 U.S.C. 2736(c)) is amended by inserting a comma after “October 1, 2012”. (k) Correction to Subtitle Designation.— (1) Redesignation.— Title 46, United States Code, is amended by redesignating subtitle VI 46 USC 70101. as subtitle VII. (2) Clerical amendment.— The table of subtitles at the beginning of title 46, United States Code, is amended by striking the item relating to subtitle VI and inserting the following: “VII. MISCELLANEOUS (l) Corrections to Chapter 701 of Title 46, United States Code.— Chapter 701 of title 46, United States Code, 46 USC 70101 et seq. is amended as follows: (1) Sections 70118 and 70119, as added by section 801 of the Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 1078), relating to firearms, arrests, and seizure of property and to enforcement by State and local officers, are redesignated as sections 70117 and 70118, respectively, and moved to appear immediately after section 70116 of title 46, United States Code. (2) Sections 70117 and 70118, as added by section 802 of such Act (118 Stat. 1078), relating to in rem liability for civil penalties and to certain costs and withholding of clearance, are redesignated as sections 70120 and 70121, respectively, and moved to appear immediately after section 70119 of title 46, United States Code. (3) In section 70120(a), as redesignated by paragraph (2) of this section, by striking “section 70120” and inserting “section 70119”. (4) In section 70121(a), as redesignated by paragraph (2) of this section, by striking “section 70120” and inserting “section 70119”. (5) In the analysis at the beginning of the chapter by striking the items relating to sections 70117 through the second 70119 and inserting the following: “70117.  Firearms, arrests, and seizure of property. “70118.  Enforcement by State and local officers. “70119.  Civil penalty. “70120.  In rem liability for civil penalties and certain costs. “70121.  Withholding of clearance.”. (m) Area Maritime Security Advisory Committees; Margin Alignment.— Section 70112(b) of title 46, United States Code, is amended by moving paragraph (5) two ems to the left, so that the left-hand margin of paragraph (5) aligns with the left-hand margin of paragraph (4) of such section. (n) Technical Correction Regarding Tank Vessel Environmental Equivalency Evaluation Index.— Section 4115(e)(3) of the Oil Pollution Act of 1990 (46 U.S.C. 3703a note) is amended by striking “hull” the second place it appears. (o) Corrections to Section 6101 of Title 46, United States Code.— Section 6101 of title 46, United States Code, is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by redesignating the second subsection (g) as subsection (h). (p) Drug Interdiction Report.— (1) In general.— Section 103 of the Coast Guard Authorization Act of 1996 (14 U.S.C. 89 note; 110 Stat. 3905) is amended to read as follows: “SEC. 103. ANNUAL REPORT ON DRUG INTERDICTION.   “Not later than 30 days after the end of each fiscal year, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on all expenditures related to drug interdiction activities of the Coast Guard on an annual basis.” . (2) Clerical amendment.— The table of contents in section 2 of such Act is amended by striking the item relating to section 103 and inserting the following: “Sec. 103.  Annual reports on drug interdiction.”. (q) Acts of Terrorism Report.— Section 905 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (46 U.S.C. App. 1802; 100 Stat. 890) is amended by striking “Not later than February 28, 1987, and annually thereafter, the Secretary of Transportation shall report” and inserting “The Secretary of the department in which the Coast Guard is operating shall report annually”. (r) Corrections to Dingell-Johnson Sport Fish Restoration Act.— (1) Section 4.— Section 4(c) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(c)) is amended by striking “, for each of fiscal years 2006 through 2009,”. (2) Section 14.— Section 14(a)(1) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777m(a)(1)) is amended by striking “For each of the fiscal years 2006 through 2009, not more than” and inserting “Not more than”.

4. 2006

   Pub. L. 109–304 § 15(33)(B) · 120 Stat. 1485

   Repealed · 46 U.S.C. § 70121

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (B) Sections 70117 and 70118, as added by section 802(a)(2) of such Act, are redesignated as sections 70120 and 70121, respectively, and moved to appear immediately after section 70119 of title 46, United States Code.

5. 2006

   Pub. L. 109–304 § 15(33)(D)(ii) · 120 Stat. 1485

   Substituted · 46 U.S.C. § 70121(a)

   Pub. L. 109–304, § 15(33)(D)(ii), substituted “section 60105 of this title” for “section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–304, § 15(33)(D)(ii), substituted “section 60105 of this title” for “section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)”.

   Enacted provision · exact public law section
   (ii) strike “section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)” and substitute “section 60105 of this title”.

6. 2006

   Pub. L. 109–304 § 15(33)(D)(i) · 120 Stat. 1485

   Repealed · 46 U.S.C. § 70121(a)

   Pub. L. 109–304, § 15(33)(D)(i), which directed amendment identical to that made by Pub. L. 109–241, § 901(l)(4), was repealed by Pub. L. 110–181. See Amendment note and Construction of 2006 Amendment note below

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–304, § 15(33)(D)(i), which directed amendment identical to that made by Pub. L. 109–241, § 901(l)(4), was repealed by Pub. L. 110–181. See Amendment note and Construction of 2006 Amendment note below.

   Enacted provision · exact public law section
   (i) strike “section 70120” and substitute “section 70119”; and

7. 2008

   National Defense Authorization Act for Fiscal Year 2008

   Pub. L. 110–181 div. C title XXXV § 3529(c)(1) · 122 Stat. 3

   Repealed · 46 U.S.C. § 70121

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

   Source evidence

   Code amendment note
   Pub. L. 110–181 repealed Pub. L. 109–304, § 15(33)(B), (D)(i). See 2006 Amendment notes below.

   Enacted provision · exact public law section
   (1) Repeal.— Sections 9(a), 15(21) and (33)(A) through (D)(i), and 16(c)(2) of Public Law 109–304 26 USC 9504; 46 USC 6101, 70117, 7011B, 70120, 70121. are repealed.

7 of 7 references resolved to an enrolled provision