1625-0077 Stat/Authority

§ 1226

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

trolled, or conditional access and activity
when necessary for the protection of any
vessel, structure, waters, or shore area; and
(D) establishing procedures for examination to assure compliance with the requirements prescribed under this section.
(b) State law
Nothing contained in this section, with respect to structures, prohibits a State or political subdivision thereof from prescribing higher
safety equipment requirements or safety standards than those which may be prescribed by regulations hereunder.
(Pub. L. 92–340, § 6, formerly title I, § 105, July 10,
1972, 86 Stat. 427; renumbered and amended Pub.
L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1475.)
CODIFICATION
In subsec. (a)(2)(A), ‘‘section 2101 of title 46’’ substituted for ‘‘section 4417a of the Revised Statutes [46
U.S.C. 391a]’’ on authority of Pub. L. 98–89, § 2(b), Aug.
26, 1983, 97 Stat. 598, section 1 of which enacted Title 46,
Shipping.

Page 322

dures, or programs for passenger vessels or passenger terminals authorized under this chapter
is not required to be disclosed to the public.
(Pub. L. 92–340, § 7, as added Pub. L. 99–399, title
IX, § 906, Aug. 27, 1986, 100 Stat. 890; amended
Pub. L. 104–324, title III, § 302, Oct. 19, 1996, 110
Stat. 3917; Pub. L. 107–295, title I, § 107(a), Nov.
25, 2002, 116 Stat. 2088.)
PRIOR PROVISIONS
A prior section 1226, Pub. L. 92–340, § 7, formerly title
I, § 106, July 10, 1972, 86 Stat. 427; renumbered § 7 and
amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1475,
related to requirement respecting federally licensed pilots on any foreign or domestic self-propelled vessel engaged in the foreign trade when operating in the navigable waters of the United States in areas, etc., where
a pilot is not otherwise required by State law, prior to
repeal by Pub. L. 98–557, § 29(g), Oct. 30, 1984, 98 Stat.
2875.
AMENDMENTS
2002—Subsec. (b)(3). Pub. L. 107–295 added par. (3).
1996—Subsec. (c). Pub. L. 104–324 added subsec. (c).

AMENDMENTS

TRANSFER OF FUNCTIONS

1978—Pub. L. 95–474 substituted provisions relating to
waterfront safety for provision requiring the Secretary
to report to Congress within one year his recommendations for legislation to achieve coordination between
functions authorized under Pub. L. 92–340 and the functions of any other agencies and to eliminate duplication of these functions.

For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1226. Port, harbor, and coastal facility security
(a) General authority
The Secretary may take actions described in
subsection (b) to prevent or respond to an act of
terrorism against—
(1) an individual, vessel, or public or commercial structure, that is—
(A) subject to the jurisdiction of the
United States; and
(B) located within or adjacent to the marine environment; or
(2) a vessel of the United States or an individual on board that vessel.
(b) Specific authority
Under subsection (a), the Secretary may—
(1) carry out or require measures, including
inspections, port and harbor patrols, the establishment of security and safety zones, and
the development of contingency plans and procedures, to prevent or respond to acts of terrorism;
(2) recruit members of the Regular Coast
Guard and the Coast Guard Reserve and train
members of the Regular Coast Guard and the
Coast Guard Reserve in the techniques of preventing and responding to acts of terrorism;
and
(3) dispatch properly trained and qualified
armed Coast Guard personnel on vessels and
public or commercial structures on or adjacent to waters subject to United States jurisdiction to deter or respond to acts of terrorism
or transportation security incidents, as defined in section 70101 of title 46.
(c) Nondisclosure of port security plans
Notwithstanding any other provision of law,
information related to security plans, proce-

REPORT ON USE OF NON-COAST GUARD PERSONNEL
Pub. L. 107–295, title I, § 107(b), Nov. 25, 2002, 116 Stat.
2088, provided that: ‘‘The Secretary of the department
in which the Coast Guard is operating shall evaluate
and report to the Congress on—
‘‘(1) the potential use of Federal, State, or local
government personnel, and documented United
States Merchant Marine personnel, to supplement
Coast Guard personnel under section 7(b)(3) of the
Ports and Waterways Safety Act (33 U.S.C. 1226(b)(3));
‘‘(2) the possibility of using personnel other than
Coast Guard personnel to carry out Coast Guard personnel functions under that section and whether additional legal authority would be necessary to use
such personnel for such functions; and
‘‘(3) the possibility of utilizing the United States
Merchant Marine Academy, State maritime academies, or Coast Guard approved maritime industry
schools in the United States, to provide training
under that section.’’

§ 1227. Investigatory powers
(a) Secretary
The Secretary may investigate any incident,
accident, or act involving the loss or destruction
of, or damage to any structure subject to this
chapter, or which affects or may affect the safety or environmental quality of the ports, harbors, or navigable waters of the United States.
(b) Powers
In an investigation under this section, the
Secretary may issue subpenas to require the attendance of witnesses and the production of documents or other evidence relating to such incident, accident, or act. If any person refuses to
obey a subpena, the Secretary may request the
Attorney General to invoke the aid of the appropriate district court of the United States to

§ 1231

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

upon the United States in accordance with constitutional requirements, may—
(1) require vessels in the vessel traffic service area to utilize or to comply with the vessel
traffic service, including the carrying or installation of equipment and devices as necessary for the use of the service; and
(2) waive, by order or regulation, the application of any United States law or regulation
concerning the design, construction, operation, equipment, personnel qualifications,
and manning standards for vessels operating
in waters over which the United States exercises jurisdiction if such vessel is not en route
to or from a United States port or place, and
if vessels en route to or from a United States
port or place are accorded equivalent waivers
of laws and regulations of the neighboring nation, when operating in waters over which
that nation exercises jurisdiction.
(d) Ship reporting systems
The Secretary, in cooperation with the International Maritime Organization, is authorized
to implement and enforce two mandatory ship
reporting systems, consistent with international
law, with respect to vessels subject to such reporting systems entering the following areas of
the Atlantic Ocean: Cape Cod Bay, Massachusetts Bay, and Great South Channel (in the area
generally bounded by a line starting from a
point on Cape Ann, Massachusetts at 42 deg. 39’
N., 70 deg. 37’ W; then northeast to 42 deg. 45’ N.,
70 deg. 13’ W; then southeast to 42 deg. 10’ N., 68
deg. 31 W, then south to 41 deg. 00’ N., 68 deg. 31’
W; then west to 41 deg. 00’ N., 69 deg. 17’ W; then
northeast to 42 deg. 05’ N., 70 deg. 02’ W, then
west to 42 deg. 04’ N., 70 deg. 10’ W; and then
along the Massachusetts shoreline of Cape Cod
Bay and Massachusetts Bay back to the point on
Cape Ann at 42 deg. 39’ N., 70 deg. 37’ W) and in
the coastal waters of the Southeastern United
States within about 25 nm along a 90 nm stretch
of the Atlantic seaboard (in an area generally
extending from the shoreline east to longitude
80 deg. 51.6’ W with the southern and northern
boundary at latitudes 30 deg. 00’ N., 31 deg. 27’
N., respectively).
(Pub. L. 92–340, § 11, as added Pub. L. 95–474, § 2,
Oct. 17, 1978, 92 Stat. 1477; amended Pub. L.
105–383, title III, § 313, Nov. 13, 1998, 112 Stat.
3424.)
AMENDMENTS
1998—Subsec. (d). Pub. L. 105–383 added subsec. (d).

§ 1231. Regulations
(a) In general
In accordance with the provisions of section
553 of title 5, the Secretary shall issue, and may
from time to time amend or repeal, regulations
necessary to implement this chapter.
(b) Procedures
The Secretary, in the exercise of this regulatory authority, shall establish procedures for
consulting with, and receiving and considering
the views of all interested parties, including—
(1) interested Federal departments and agencies,
(2) officials of State and local governments,

Page 324

(3) representatives of the maritime community,
(4) representatives of port and harbor authorities or associations,
(5) representatives of environmental groups,
(6) any other interested parties who are
knowledgeable or experienced in dealing with
problems involving vessel safety, port and
waterways safety, and protection of the marine environment, and
(7) advisory committees consisting of all interested segments of the public when the establishment of such committees is considered
necessary because the issues involved are
highly complex or controversial.
(Pub. L. 92–340, § 12, as added Pub. L. 95–474, § 2,
Oct. 17, 1978, 92 Stat. 1477.)
SAFETY ZONES FOR PERMITTED MARINE EVENTS
Pub. L. 114–120, title III, § 305, Feb. 8, 2016, 130 Stat. 54,
provided that: ‘‘Not later than 6 months after the date
of the enactment of this Act [Feb. 8, 2016], the Secretary of the department in which the Coast Guard is
operating shall establish and implement a process to—
‘‘(1) account for the number of safety zones established for permitted marine events;
‘‘(2) differentiate whether the event sponsor who requested a permit for such an event is—
‘‘(A) an individual;
‘‘(B) an organization; or
‘‘(C) a government entity; and
‘‘(3) account for Coast Guard resources utilized to
enforce safety zones established for permitted marine
events, including for—
‘‘(A) the number of Coast Guard or Coast Guard
Auxiliary vessels used; and
‘‘(B) the number of Coast Guard or Coast Guard
Auxiliary patrol hours required.’’

§ 1231a. Towing Safety Advisory Committee
(a) Establishment; membership
There is established a Towing Safety Advisory
Committee (hereinafter referred to as the ‘‘Committee’’). The Committee shall consist of eighteen members with particular expertise, knowledge, and experience regarding shallow-draft inland and coastal waterway navigation and towing safety as follows:
(1) Seven members representing the barge
and towing industry, reflecting a regional geographic balance.
(2) One member representing the offshore
mineral and oil supply vessel industry.
(3) One member representing holders of active licensed Masters or Pilots of towing vessels with experience on the Western Rivers
and the Gulf Intracoastal Waterway.
(4) One member representing the holders of
active licensed Masters of towing vessels in
offshore service.
(5) One member representing Masters who
are active ship-docking or harbor towing vessel.1
(6) One member representing licensed or unlicensed towing vessel engineers with formal
training and experience.
(7) Two members representing each of the
following groups:
(A) Port districts, authorities, or terminal
operators.
1 So

in original.

Page 55

TITLE 50—WAR AND NATIONAL DEFENSE

CHAPTER 11—ACQUISITION OF AND EXPENDITURES ON LAND FOR NATIONAL-DEFENSE PURPOSES
§§ 171, 171–1. Repealed. Aug. 10, 1956, ch. 1041,
§ 53, 70A Stat. 641
Section 171, acts Aug. 18, 1890, ch. 797, § 1, 26 Stat. 316;
July 2, 1917, ch. 35, 40 Stat. 241; Apr. 11, 1918, ch. 51, 40
Stat. 518, authorized Secretary of War to institute condemnation proceedings for acquisition of land, to purchase land, and to accept donations of land. See section
2663 of Title 10, Armed Forces.
Section 171–1, act Oct. 25, 1951, ch. 563, § 101, 65 Stat.
641, granted certain condemnation authority to Secretary of Navy. See sections 2663 and 2668 of Title 10.

§ 171a. Omitted
CODIFICATION
Section, act July 2, 1917, ch. 35, § 2, as added Mar. 27,
1942, ch. 199, title II, § 201, 56 Stat. 177, related to acquisition of real property during war, and terminated on
Dec. 28, 1945 by act Mar. 27, 1942, ch. 199, title II, § 202,
as added Dec. 28, 1945, ch. 590, § 1(a), 59 Stat. 658.

§ 171b. Repealed. Pub. L. 85–861, § 36A, Sept. 2,
1958, 72 Stat. 1570
Section, acts Aug. 3, 1956, ch. 939, title IV, § 406, 70
Stat. 1015; Aug. 20, 1958, Pub. L. 85–685, title V, § 510, 72
Stat. 662, related to acquisition of land not exceeding
$5,000 in cost.

§§ 172, 173. Repealed. Aug. 10, 1956, ch. 1041, § 53,
70A Stat. 641
Section 172, act July 9, 1918, ch. 143, subch. XV § 8, 40
Stat. 888, related to acquisition of property for production of lumber. See section 2665 of Title 10, Armed
Forces.
Section 173, act Apr. 28, 1904, ch. 1762, § 1, 33 Stat. 497,
related to purchase of land for quarters and barracks in
addition to sites for fortifications.

§ 174. Omitted
CODIFICATION
Section, act Aug. 18, 1890, ch. 797, § 1, 26 Stat. 316, provided that nothing contained in former section 171 of
this title should be construed to authorize an expenditure or involve the Government in any contract for future payment of money in excess of sums appropriated
therefor.

§ 175. Transferred
CODIFICATION
Section, R.S. § 355; June 28, 1930, ch. 710, 46 Stat. 828;
Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54
Stat. 1083; Sept. 1, 1970, Pub. L. 91–393, § 1, 84 Stat. 835,
which related to approval of title prior to Federal land
purchases, payment of title expenses, application to
Tennessee Valley Authority, and Federal jurisdiction
over acquisitions, was transferred to section 255 of
former Title 40, Public Buildings, Property, and Works,
and was repealed and reenacted as sections 3111 and
3112 of Title 40, Public Buildings, Property, and Works,
by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
1304, as amended by Pub. L. 108–178, § 2(a)(8), Dec. 15,
2003, 117 Stat. 2638, 2640.

§ 176. Omitted
CODIFICATION
Section, act Mar. 28, 1918, ch. 28, § 1, 40 Stat. 460, authorized acquisition of property on Hudson River owned
by North German Lloyd Dock Company and HamburgAmerican Line Terminal & Navigation Company and

§ 191

provided that section 175 of this title did not apply to
expenditures authorized in connection with such property. The President, by proclamation dated June 28,
1918, took possession of such property.

§§ 177 to 179. Repealed. Aug. 10, 1956, ch. 1041,
§ 53, 70A Stat 641
Section 177, act June 25, 1906, ch. 3540, 34 Stat. 463, related to contracts for construction of fortifications and
other works of defense.
Section 178, act Apr. 11, 1898, No. 21, 30 Stat. 737, provided for erection of forts in emergency. See sections
4776 and 9776 of Title 10, Armed Forces.
Section 179, act June 30, 1921, ch. 33, § 1, 42 Stat. 81, related to chargeability of appropriations with respect to
transportation cost incident to construction and maintenance of seacoast fortifications.

CHAPTER 12—VESSELS IN TERRITORIAL
WATERS OF UNITED STATES
Sec.

191.
191a.

191b,
192.
193.
194.
195.
196.

197.
198.

Regulation of anchorage and movement of
vessels during national emergency.
Transfer of Secretary of Transportation’s
powers to Secretary of Navy when Coast
Guard operates as part of Navy.
191c. Repealed.
Seizure and forfeiture of vessel; fine and imprisonment.
Repealed.
Enforcement provisions.
Definitions.
Emergency foreign vessel acquisition; purchase or requisition of vessels lying idle in
United States waters.
Voluntary purchase or charter agreements.
Requisitioned vessels.

§ 191. Regulation of anchorage and movement of
vessels during national emergency
Whenever the President by proclamation or
Executive order declares a national emergency
to exist by reason of actual or threatened war,
insurrection, or invasion, or disturbance or
threatened disturbance of the international relations of the United States, or whenever the
Attorney General determines that an actual or
anticipated mass migration of aliens en route
to, or arriving off the coast of, the United States
presents urgent circumstances requiring an immediate Federal response, the Secretary of
Transportation may make, subject to the approval of the President, rules and regulations
governing the anchorage and movement of any
vessel, foreign or domestic, in the territorial waters of the United States, may inspect such vessel at any time, place guards thereon, and, if
necessary in his opinion in order to secure such
vessels from damage or injury, or to prevent
damage or injury to any harbor or waters of the
United States, or to secure the observance of the
rights and obligations of the United States, may
take, by and with the consent of the President,
for such purposes, full possession and control of
such vessel and remove therefrom the officers
and crew thereof and all other persons not specially authorized by him to go or remain on
board thereof.
Whenever the President finds that the security of the United States is endangered by reason of actual or threatened war, or invasion, or
insurrection, or subversive activity, or of disturbances or threatened disturbances of the

§ 191

TITLE 50—WAR AND NATIONAL DEFENSE

international relations of the United States, the
President is authorized to institute such measures and issue such rules and regulations—
(a) to govern the anchorage and movement
of any foreign-flag vessels in the territorial
waters of the United States, to inspect such
vessels at any time, to place guards thereon,
and, if necessary in his opinion in order to secure such vessels from damage or injury, or to
prevent damage or injury to any harbor or waters of the United States, or to secure the observance of rights and obligations of the
United States, may take for such purposes full
possession and control of such vessels and remove therefrom the officers and crew thereof,
and all other persons not especially authorized
by him to go or remain on board thereof;
(b) to safeguard against destruction, loss, or
injury from sabotage or other subversive acts,
accidents, or other causes of similar nature,
vessels, harbors, ports, and waterfront facilities in the United States and all territory and
water, continental or insular, subject to the
jurisdiction of the United States.
The President may delegate the authority to
issue such rules and regulations to the Secretary of the department in which the Coast
Guard is operating. Any appropriation available
to any of the Executive Departments shall be
available to carry out the provisions of this
title.1
(June 15, 1917, ch. 30, title II, § 1, 40 Stat. 220;
Aug. 9, 1950, ch. 656, § 1, 64 Stat. 427; Sept. 26,
1950, ch. 1049, § 2(b), 64 Stat. 1038; Pub. L. 89–670,
§ 6(b)(1), Oct. 15, 1966, 80 Stat. 938; Pub. L. 96–70,
title III, § 3302(a), Sept. 27, 1979, 93 Stat. 498; Pub.
L. 104–208, div. C, title VI, § 649, Sept. 30, 1996, 110
Stat. 3009–711; Pub. L. 108–293, title II, § 223, Aug.
9, 2004, 118 Stat. 1040.)
REFERENCES IN TEXT
This title, referred to in text, means title II of act
June 15, 1917, ch. 30, 40 Stat. 220, as amended, which enacted sections 191 and 192 to 194 of this title. For complete classification of title II to the Code, see Tables.
AMENDMENTS
2004—Pub. L. 108–293 inserted ‘‘The President may
delegate the authority to issue such rules and regulations to the Secretary of the department in which the
Coast Guard is operating.’’ at beginning of concluding
provisions.
1996—Pub. L. 104–208, in first par., inserted ‘‘or whenever the Attorney General determines that an actual or
anticipated mass migration of aliens en route to, or arriving off the coast of, the United States presents urgent circumstances requiring an immediate Federal response,’’ after ‘‘international relations of the United
States,’’.
1979—Pub. L. 96–70 struck out second par., providing
that within the territory and waters of the Canal Zone
the Governor of the Canal Zone, with the approval of
the President, shall exercise all the powers conferred
by this section on the Secretary of the Treasury, and in
cl. (b) of third par., struck out ‘‘the Canal Zone,’’ after
‘‘facilities in the United States,’’.
1950—Act Sept. 26, 1950, substituted ‘‘Governor of the
Canal Zone’’ for ‘‘Governor of the Panama Canal’’ in
second par.
Act Aug. 9, 1950, authorized the President to institute
such rules and regulations to control anchorage and
1 See

References in Text note below.

Page 56

movement of foreign-flag vessels in United States waters when the national security is endangered.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96–70 effective Oct. 1, 1979, see
section 3304 of Pub. L. 96–70, set out as an Effective
Date note under section 3601 of Title 22, Foreign Relations and Intercourse.
TERMINATION DATE OF 1950 AMENDMENT
Act Aug. 9, 1950, ch. 656, § 4, 64 Stat. 428, provided
that: ‘‘The provisions of this Act [amending this section and sections 192 and 194 of this title] shall expire
on such date as may be specified by concurrent resolution of the two Houses of Congress.’’
TERMINATION OF WAR AND EMERGENCIES
Act July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided
that in the interpretation of this section, the date July
25, 1947, shall be deemed to be the date of termination
of any state of war theretofore declared by Congress
and of the national emergencies proclaimed by the
President on Sept. 8, 1939, and May 27, 1941.
REGULATIONS—POST-WAR GENERALLY
For regulations relating to safeguarding of vessels,
harbors, ports, and waterfront facilities, under a finding that the security of the United States is endangered by reason of subversive activity, see Ex. Ord. No.
10173, Oct. 18, 1950, 15 F.R. 7005.
REGULATIONS—WORLD WAR II
Proc. No. 2732, June 2, 1947, 12 F.R. 3583, 61 Stat. 1069,
revoked Proc. No. 2412, June 27, 1940, 5 F.R. 2419, 54
Stat. 2711, which granted consent of President to the
exercise of certain powers under this section by the
Secretary of the Treasury and the Governor of the
Canal Zone.
REGULATIONS—WORLD WAR I
A proclamation was issued under this section on December 3, 1917.
SEPARABILITY
Act June 15, 1917, ch. 30, title XIII, § 4, 40 Stat. 231,
provided: ‘‘If any clause, sentence, paragraph, or part of
this Act [see Tables for classification] shall for any reason be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof but shall be confined
in its operation to the clause, sentence, paragraph, or
part thereof directly involved in the controversy in
which such judgment shall have been rendered.’’
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
‘‘Secretary of Transportation’’ substituted for ‘‘Secretary of the Treasury’’ in first paragraph of text pursuant to section 6(b)(1) of Pub. L. 89–670, which transferred Coast Guard to Department of Transportation
and transferred to and vested in Secretary of Transportation functions, powers, and duties, relating to Coast
Guard, of Secretary of the Treasury and of other officers and offices of Department of the Treasury. See section 108 of Title 49, Transportation.
DELEGATION OF FUNCTIONS
For delegation to Secretary of the Treasury of authority vested in President by this section, see section
2(e) of Ex. Ord. No. 10289, Sept. 17, 1951, 16 F.R. 9499, as

Page 57

TITLE 50—WAR AND NATIONAL DEFENSE

amended, set out as a note under section 301 of Title 3,
The President.
PROC. NO. 6867. DECLARATION OF NATIONAL EMERGENCY
AND INVOCATION OF EMERGENCY AUTHORITY RELATING
TO REGULATION OF ANCHORAGE AND MOVEMENT OF VESSELS

Proc. No. 6867, Mar. 1, 1996, 61 F.R. 8843, provided:
WHEREAS, on February 24, 1996, Cuban military aircraft intercepted and destroyed two unarmed U.S.-registered civilian aircraft in international airspace north
of Cuba;
WHEREAS the Government of Cuba has demonstrated a ready and reckless willingness to use excessive force, including deadly force, in the ostensible enforcement of its sovereignty;
WHEREAS, on July 13, 1995, persons in U.S.-registered vessels who entered into Cuban territorial waters suffered injury as a result of the reckless use of
force against them by the Cuban military; and
WHEREAS the entry of U.S.-registered vessels into
Cuban territorial waters could again result in injury
to, or loss of life of, persons engaged in that conduct,
due to the potential use of excessive force, including
deadly force, against them by the Cuban military, and
could threaten a disturbance in international relations;
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by the authority
vested in me by the Constitution and the laws of the
United States of America, including section 1 of title II
of Public Law 65-24, ch. 30, June 15, 1917, as amended (50
U.S.C. 191), sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1601 et seq.) [50 U.S.C. 1621, 1631],
and section 301 of title 3, United States Code, find and
do hereby proclaim that a national emergency does
exist by reason of a disturbance or threatened disturbance of international relations. In order to address this
national emergency and to secure the observance of the
rights and obligations of the United States, I hereby
authorize and direct the Secretary of Transportation
(the ‘‘Secretary’’) to make and issue such rules and regulations as the Secretary may find appropriate to regulate the anchorage and movement of vessels, and delegate to the Secretary my authority to approve such
rules and regulations, as authorized by the Act of June
15, 1917 [see Tables for classification].
SECTION 1. The Secretary may make rules and regulations governing the anchorage and movement of any
vessel, foreign or domestic, in the territorial waters of
the United States, which may be used, or is susceptible
of being used, for voyage into Cuban territorial waters
and that may create unsafe conditions and threaten a
disturbance of international relations. Any rule or regulation issued pursuant to this proclamation may be effective immediately upon issuance as such rule or regulation shall involve a foreign affairs function of the
United States.
SEC. 2. The Secretary is authorized to inspect any
vessel, foreign or domestic, in the territorial waters of
the United States, at any time; to place guards on any
such vessel; and, with my consent expressly hereby
granted, take full possession and control of any such
vessel and remove the officers and crew, and all other
persons not specifically authorized by the Secretary to
go or remain on board the vessel when necessary to secure the rights and obligations of the United States.
SEC. 3. The Secretary may request assistance from
such departments, agencies, officers, or instrumentalities of the United States as the Secretary deems necessary to carry out the purposes of this proclamation.
Such departments, agencies, officers, or instrumentalities shall, consistent with other provisions of law and
to the extent practicable, provide requested assistance.
SEC. 4. The Secretary may seek assistance from State
and local authorities in carrying out the purposes of
this proclamation. Because State and local assistance
may be essential for an effective response to this emergency, I urge all State and local officials to cooperate
with Federal authorities and to take all actions within
their lawful authority necessary to prevent the unau-

§ 191

thorized departure of vessels intending to enter Cuban
territorial waters.
SEC. 5. All powers and authorities delegated by this
proclamation to the Secretary may be delegated by the
Secretary to other officers and agents of the United
States Government unless otherwise prohibited by law.
SEC. 6. This proclamation shall be immediately transmitted to the Congress and published in the Federal
Register.
IN WITNESS WHEREOF, I have hereunto set my
hand this first day of March, in the year of our Lord
nineteen hundred and ninety-six, and of the Independence of the United States of America the two hundred
and twentieth.
WILLIAM J. CLINTON.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY
PROC. NO. 6867
Notice of President of the United States, dated Feb.
25, 2015, 80 F.R. 11075, provided:
On March 1, 1996, by Proclamation 6867, a national
emergency was declared to address the disturbance or
threatened disturbance of international relations
caused by the February 24, 1996, destruction by the
Cuban government of two unarmed U.S.-registered civilian aircraft in international airspace north of Cuba.
On February 26, 2004, by Proclamation 7757, the national emergency was extended and its scope was expanded to deny monetary and material support to the
Cuban government. The Cuban government has not
demonstrated that it will refrain from the use of excessive force against U.S. vessels or aircraft that may engage in memorial activities or peaceful protest north of
Cuba. In addition, the unauthorized entry of any U.S.registered vessel into Cuban territorial waters continues to be detrimental to the foreign policy of the
United States. Therefore, in accordance with section
202(d) of the National Emergencies Act (50 U.S.C.
1622(d)), I am continuing the national emergency with
respect to Cuba and the emergency authority relating
to the regulation of the anchorage and movement of
vessels set out in Proclamation 6867 as amended by
Proclamation 7757.
This notice shall be published in the Federal Register
and transmitted to the Congress.
BARACK OBAMA.
Prior continuations of national emergency declared
by Proc. No. 6867 were contained in the following:
Notice of President of the United States, dated Feb.
25, 2014, 79 F.R. 10949.
Notice of President of the United States, dated Feb.
22, 2013, 78 F.R. 13209.
Notice of President of the United States, dated Feb.
23, 2012, 77 F.R. 11379.
Notice of President of the United States, dated Feb.
24, 2011, 76 F.R. 11073.
Notice of President of the United States, dated Feb.
23, 2010, 75 F.R. 8793.
Notice of President of the United States, dated Jan.
15, 2009, 74 F.R. 3959.
Notice of President of the United States, dated Feb.
6, 2008, 73 F.R. 7459.
Notice of President of the United States, dated Feb.
26, 2007, 72 F.R. 9231.
Notice of President of the United States, dated Jan.
10, 2006, 71 F.R. 2133.
Notice of President of the United States, dated Feb.
18, 2005, 70 F.R. 8919.
Notice of President of the United States, dated Feb.
26, 2004, 69 F.R. 9513.
Notice of President of the United States, dated Feb.
27, 2003, 68 F.R. 9849.
Notice of President of the United States, dated Feb.
26, 2002, 67 F.R. 9387.
Notice of President of the United States, dated Feb.
27, 2001, 66 F.R. 12841.
Notice of President of the United States, dated Feb.
25, 2000, 65 F.R. 10929.
Notice of President of the United States, dated Feb.
24, 1999, 64 F.R. 9903.

§ 191

TITLE 50—WAR AND NATIONAL DEFENSE

Notice of President of the United States, dated Feb.
25, 1998, 63 F.R. 9923.
Notice of President of the United States, dated Feb.
27, 1997, 62 F.R. 9347.
PROC. NO. 7757. EXPANDING THE SCOPE OF THE NATIONAL
EMERGENCY AND INVOCATION OF EMERGENCY AUTHORITY RELATING TO THE REGULATION OF THE ANCHORAGE
AND MOVEMENT OF VESSELS INTO CUBAN TERRITORIAL
WATERS
Proc. No. 7757, Feb. 26, 2004, 69 F.R. 9515, provided:
By the authority vested in me by the Constitution
and the laws of the United States of America, in order
to expand the scope of the national emergency declared
in Proclamation 6867 of March 1, 1996 [set out above],
based on the disturbance or threatened disturbance of
the international relations of the United States caused
by actions taken by the Cuban government, and in
light of steps taken over the past year by the Cuban
government to worsen the threat to United States
international relations, and,
WHEREAS the United States has determined that
Cuba is a state-sponsor of terrorism and it is subject to
the restrictions of section 6(j)(1)(A) of the Export Administration Act of 1979 [50 U.S.C. 4605(j)(1)(A)], section
620A of the Foreign Assistance Act of 1961 [22 U.S.C.
2371], and section 40 of the Arms Export Control Act [22
U.S.C. 2780];
WHEREAS the Cuban government has demonstrated
a ready and reckless willingness to use excessive force,
including deadly force, against U.S. citizens, in the ostensible enforcement of its sovereignty, including the
February 1996 shoot-down of two unarmed U.S.-registered civilian aircraft in international airspace, resulting in the deaths of three American citizens and
one other individual;
WHEREAS the Cuban government has demonstrated
a ready and reckless willingness to use excessive force,
including deadly force, against U.S. citizens and its
own citizens, including on July 13, 1995, when persons in
U.S.-registered vessels that entered into Cuban territorial waters suffered injury as a result of the reckless
use of force against them by the Cuban military, and
including the July 1994 sinking of an unarmed Cubanregistered vessel, resulting in the deaths of 41 Cuban
citizens;
WHEREAS the Cuban government has impounded
U.S.-registered vessels in Cuban ports and forced the
owners, as a condition of release, to violate U.S. law by
requiring payments to be made to the Cuban government;
WHEREAS the entry of any U.S.-registered vessels
into Cuban territorial waters could result in injury to,
or loss of life of, persons engaged in that conduct, due
to the potential use of excessive force, including deadly
force, against them by the Cuban military, and could
threaten a disturbance of international relations;
WHEREAS the unauthorized entry of vessels subject
to the jurisdiction of the United States into Cuban territorial waters is in violation of U.S. law and contrary
to U.S. policy;
WHEREAS the objectives of U.S. policy regarding
Cuba are the end of the dictatorship and a rapid, peaceful transition to a representative democracy respectful
of human rights and characterized by an open market
economic system;
WHEREAS a critical initiative by the United States
to advance these U.S. objectives is to deny resources to
the repressive Cuban government, resources that may
be used by that government to support terrorist activities and carry out excessive use of force against innocent victims, including U.S. citizens;
WHEREAS the unauthorized entry of U.S.-registered
vessels into Cuban territorial waters is detrimental to
the foreign policy of the United States, which is to
deny monetary and material support to the repressive
Cuban government, and, therefore, such unauthorized
entries threaten to disturb the international relations
of the United States by facilitating the Cuban government’s support of terrorism, use of excessive force, and
continued existence;

Page 58

WHEREAS the Cuban government has over the
course of its 45-year existence repeatedly used violence
and the threat of violence to undermine U.S. policy interests. This same regime continues in power today,
and has since 1959 maintained a pattern of hostile actions contrary to U.S. policy interests. Among other
things, the Cuban government established a military
alliance with the Soviet Union, and invited Soviet
forces to install nuclear missiles in Cuba capable of attacking the United States, and encouraged Soviet authorities to use those weapons against the United
States; it engaged in military adventurism in Africa;
and it helped to form and provide material and political support to terrorist organizations that sought the
violent overthrow of democratically elected governments in Central America and elsewhere in the hemisphere allied with the United States, thereby causing
repeated disturbances of U.S. international relations;
WHEREAS the Cuban government has recently and
over the last year taken a series of steps to destabilize
relations with the United States, including threatening
to abrogate the Migration Accords with the United
States and to close the U.S. Interests Section, and
Cuba’s most senior officials repeatedly asserting that
the United States intended to invade Cuba, despite explicit denials from the U.S. Secretaries of State and
Defense that such action is planned, thereby causing a
sudden and worsening disturbance of U.S. international
relations;
WHEREAS U.S. concerns about these unforeseen
Cuban government actions that threaten to disturb
international relations were sufficiently grave that on
May 8, 2003, the United States warned the Cuban government that political manipulations that resulted in a
mass migration would be viewed as a ‘‘hostile act;’’
NOW, THEREFORE, I, GEORGE W. BUSH, President
of the United States of America, by the authority vested in me by the Constitution and the laws of the United
States of America, including section 1 of title II of Public Law 65–24, ch. 30, June 15, 1917, as amended (50
U.S.C. 191), sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1601 et seq.) [50 U.S.C. 1621, 1631],
and section 301 of title 3, United States Code, in order
to expand the scope of the national emergency declared
in Proclamation 6867 of March 1, 1996 [set out above],
and to secure the observance of the rights and obligations of the United States, hereby authorize and direct
the Secretary of Homeland Security (the ‘‘Secretary’’)
to make and issue such rules and regulations as the
Secretary may find appropriate to regulate the anchorage and movement of vessels, and authorize and approve the Secretary’s issuance of such rules and regulations, as authorized by the Act of June 15, 1917 [see
Tables for classification].
SECTION 1. The Secretary may make rules and regulations governing the anchorage and movement of any
vessel, foreign or domestic, in the territorial waters of
the United States, which may be used, or is susceptible
of being used, for voyage into Cuban territorial waters
and that may create unsafe conditions, or result in unauthorized transactions, and thereby threaten a disturbance of international relations. Any rule or regulation issued pursuant to this proclamation may be effective immediately upon issuance as such rule or regulation shall involve a foreign affairs function of the
United States.
SEC. 2. The Secretary is authorized to inspect any
vessel, foreign or domestic, in the territorial waters of
the United States, at any time; to place guards on any
such vessel; and, with my consent expressly hereby
granted, take full possession and control of any such
vessel and remove the officers and crew and all other
persons not specifically authorized by the Secretary to
go or remain on board the vessel when necessary to secure the rights and obligations of the United States.
SEC. 3. The Secretary may request assistance from
such departments, agencies, officers, or instrumentalities of the United States as the Secretary deems necessary to carry out the purposes of this proclamation.
Such departments, agencies, officers, or instrumental-

Page 59

TITLE 50—WAR AND NATIONAL DEFENSE

ities shall, consistent with other provisions of law and
to the extent practicable, provide requested assistance.
SEC. 4. The Secretary may seek assistance from State
and local authorities in carrying out the purposes of
this proclamation. Because State and local assistance
may be essential for an effective response to this emergency, I urge all State and local officials to cooperate
with Federal authorities and to take all actions within
their lawful authority necessary to prevent the unauthorized departure of vessels intending to enter Cuban
territorial waters.
SEC. 5. All powers and authorities delegated by this
proclamation to the Secretary may be delegated by the
Secretary to other officers and agents of the United
States Government unless otherwise prohibited by law.
SEC. 6. Any provisions of Proclamation 6867 [set out
above] that are inconsistent with the provisions of this
proclamation are superseded to the extent of such inconsistency.
SEC. 7. This proclamation shall be immediately transmitted to the Congress and published in the Federal
Register.
IN WITNESS WHEREOF, I have hereunto set my
hand this twenty-sixth day of February, in the year of
our Lord two thousand four, and of the Independence of
the United States of America the two hundred and
twenty-eighth.
GEORGE W. BUSH.

§ 191a. Transfer of Secretary of Transportation’s
powers to Secretary of Navy when Coast
Guard operates as part of Navy
When the Coast Guard operates as a part of
the Navy pursuant to section 3 of title 14, the
powers conferred on the Secretary of Transportation by section 191 of this title, shall vest in
and be exercised by the Secretary of the Navy.
(Nov. 15, 1941, ch. 471, § 2, 55 Stat. 763; Pub. L.
87–845, § 11, Oct. 18, 1962, 76A Stat. 699; Pub. L.
89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938.)
AMENDMENTS
1962—Pub. L. 87–845 substituted ‘‘section 3 of title 14’’
for ‘‘section 1 of title 14’’.
EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87–845 effective Jan. 2, 1963,
see section 25 of Pub. L. 87–845, set out as a note under
section 414 of Title 28, Judiciary and Judicial Procedure.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
‘‘Secretary of Transportation’’ substituted in text for
‘‘Secretary of the Treasury’’ pursuant to section 6(b)(1)
of Pub. L. 89–670, which transferred Coast Guard to Department of Transportation and transferred to and
vested in Secretary of Transportation functions, powers, and duties, relating to Coast Guard, of Secretary of
the Treasury and of other officers and offices of Department of the Treasury. See section 108 of Title 49, Transportation.

§ 191b. Repealed. Pub. L. 96–70, title
§ 3303(a)(5), Sept. 27, 1979, 93 Stat. 499

III,

Section, acts Nov. 15, 1941, ch. 471, § 4, 55 Stat. 763;
Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038; Oct. 18, 1962,
Pub. L. 87–845, § 12, 76A Stat. 699, provided that this sec-

§ 192

tion, section 191a of this title, and section 91 of title 14
not affect the authority of the Governor of the Canal
Zone conferred by section 191 of this title or section 34
of Title 2, Canal Zone Code.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1979, see section 3304 of Pub.
L. 96–70, set out as an Effective Date note under section
3601 of Title 22, Foreign Relations and Intercourse.

§ 191c. Repealed. Aug. 4, 1949, ch. 393, § 20, 63
Stat. 561
Section, act Nov. 15, 1941, ch. 471, § 1, 55 Stat. 763, related to control of anchorage and movement of vessels
to insure safety of naval vessels. See section 91 of Title
14, Coast Guard.

§ 192. Seizure and forfeiture of vessel; fine and
imprisonment
(a) In general
If any owner, agent, master, officer, or person
in charge, or any member of the crew of any
such vessel fails to comply with any regulation
or rule issued or order given under the provisions of this title,1 or obstructs or interferes
with the exercise of any power conferred by this
title,1 the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject
to seizure and forfeiture to the United States in
the same manner as merchandise is forfeited for
violation of the customs revenue laws; and the
person guilty of such failure, obstruction, or interference shall be punished by imprisonment
for not more than ten years and may, in the discretion of the court, be fined not more than
$10,000.
(b) Application to others
If any other person knowingly fails to comply
with any regulation or rule issued or order given
under the provisions of this title,1 or knowingly
obstructs or interferes with the exercise of any
power conferred by this title,1 he shall be punished by imprisonment for not more than ten
years and may, at the discretion of the court, be
fined not more than $10,000.
(c) Civil penalty
A person violating this title,1 or a regulation
prescribed under this title,1 shall be liable to the
United States Government for a civil penalty of
not more than $25,000 for each violation. Each
day of a continuing violation shall constitute a
separate violation.
(d) In rem liability
Any vessel that is used in violation of this
title,1 or of any regulation issued under this
title,1 shall be liable in rem for any civil penalty
assessed pursuant to subsection (c) of this section 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) of this section, or
if reasonable cause exists to believe that the
1 See

References in Text note below.

Page 59

TITLE 50—WAR AND NATIONAL DEFENSE

ities shall, consistent with other provisions of law and
to the extent practicable, provide requested assistance.
SEC. 4. The Secretary may seek assistance from State
and local authorities in carrying out the purposes of
this proclamation. Because State and local assistance
may be essential for an effective response to this emergency, I urge all State and local officials to cooperate
with Federal authorities and to take all actions within
their lawful authority necessary to prevent the unauthorized departure of vessels intending to enter Cuban
territorial waters.
SEC. 5. All powers and authorities delegated by this
proclamation to the Secretary may be delegated by the
Secretary to other officers and agents of the United
States Government unless otherwise prohibited by law.
SEC. 6. Any provisions of Proclamation 6867 [set out
above] that are inconsistent with the provisions of this
proclamation are superseded to the extent of such inconsistency.
SEC. 7. This proclamation shall be immediately transmitted to the Congress and published in the Federal
Register.
IN WITNESS WHEREOF, I have hereunto set my
hand this twenty-sixth day of February, in the year of
our Lord two thousand four, and of the Independence of
the United States of America the two hundred and
twenty-eighth.
GEORGE W. BUSH.

§ 191a. Transfer of Secretary of Transportation’s
powers to Secretary of Navy when Coast
Guard operates as part of Navy
When the Coast Guard operates as a part of
the Navy pursuant to section 3 of title 14, the
powers conferred on the Secretary of Transportation by section 191 of this title, shall vest in
and be exercised by the Secretary of the Navy.
(Nov. 15, 1941, ch. 471, § 2, 55 Stat. 763; Pub. L.
87–845, § 11, Oct. 18, 1962, 76A Stat. 699; Pub. L.
89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938.)
AMENDMENTS
1962—Pub. L. 87–845 substituted ‘‘section 3 of title 14’’
for ‘‘section 1 of title 14’’.
EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87–845 effective Jan. 2, 1963,
see section 25 of Pub. L. 87–845, set out as a note under
section 414 of Title 28, Judiciary and Judicial Procedure.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
‘‘Secretary of Transportation’’ substituted in text for
‘‘Secretary of the Treasury’’ pursuant to section 6(b)(1)
of Pub. L. 89–670, which transferred Coast Guard to Department of Transportation and transferred to and
vested in Secretary of Transportation functions, powers, and duties, relating to Coast Guard, of Secretary of
the Treasury and of other officers and offices of Department of the Treasury. See section 108 of Title 49, Transportation.

§ 191b. Repealed. Pub. L. 96–70, title
§ 3303(a)(5), Sept. 27, 1979, 93 Stat. 499

III,

Section, acts Nov. 15, 1941, ch. 471, § 4, 55 Stat. 763;
Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038; Oct. 18, 1962,
Pub. L. 87–845, § 12, 76A Stat. 699, provided that this sec-

§ 192

tion, section 191a of this title, and section 91 of title 14
not affect the authority of the Governor of the Canal
Zone conferred by section 191 of this title or section 34
of Title 2, Canal Zone Code.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1979, see section 3304 of Pub.
L. 96–70, set out as an Effective Date note under section
3601 of Title 22, Foreign Relations and Intercourse.

§ 191c. Repealed. Aug. 4, 1949, ch. 393, § 20, 63
Stat. 561
Section, act Nov. 15, 1941, ch. 471, § 1, 55 Stat. 763, related to control of anchorage and movement of vessels
to insure safety of naval vessels. See section 91 of Title
14, Coast Guard.

§ 192. Seizure and forfeiture of vessel; fine and
imprisonment
(a) In general
If any owner, agent, master, officer, or person
in charge, or any member of the crew of any
such vessel fails to comply with any regulation
or rule issued or order given under the provisions of this title,1 or obstructs or interferes
with the exercise of any power conferred by this
title,1 the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject
to seizure and forfeiture to the United States in
the same manner as merchandise is forfeited for
violation of the customs revenue laws; and the
person guilty of such failure, obstruction, or interference shall be punished by imprisonment
for not more than ten years and may, in the discretion of the court, be fined not more than
$10,000.
(b) Application to others
If any other person knowingly fails to comply
with any regulation or rule issued or order given
under the provisions of this title,1 or knowingly
obstructs or interferes with the exercise of any
power conferred by this title,1 he shall be punished by imprisonment for not more than ten
years and may, at the discretion of the court, be
fined not more than $10,000.
(c) Civil penalty
A person violating this title,1 or a regulation
prescribed under this title,1 shall be liable to the
United States Government for a civil penalty of
not more than $25,000 for each violation. Each
day of a continuing violation shall constitute a
separate violation.
(d) In rem liability
Any vessel that is used in violation of this
title,1 or of any regulation issued under this
title,1 shall be liable in rem for any civil penalty
assessed pursuant to subsection (c) of this section 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) of this section, or
if reasonable cause exists to believe that the
1 See

References in Text note below.

§ 193

TITLE 50—WAR AND NATIONAL DEFENSE

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 any
clearance required by section 60105 of title 46.
(2) 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.
(June 15, 1917, ch. 30, title II, § 2, 40 Stat. 220;
Mar. 28, 1940, ch. 72, § 3(a), 54 Stat. 79; Nov. 15,
1941, ch. 471, § 3, 55 Stat. 763; Aug. 9, 1950, ch. 656,
§ 3, 64 Stat. 428; Pub. L. 107–295, title I, § 104(b),
Nov. 25, 2002, 116 Stat. 2085; Pub. L. 108–293, title
VIII, § 802(b), Aug. 9, 2004, 118 Stat. 1079.)
REFERENCES IN TEXT
This title, referred to in subsecs. (a) to (d), means
title II of act June 15, 1917, ch. 30, 40 Stat. 220, as
amended, which enacted sections 191 and 192 to 194 of
this title. For complete classification of title II to the
Code, see Tables.
CODIFICATION
In subsec. (e)(1), ‘‘section 60105 of title 46’’ substituted
for ‘‘section 4197 of the Revised Statutes of the United
States (46 U.S.C. App. 91)’’ on authority of Pub. L.
109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.
AMENDMENTS
2004—Subsec. (c). Pub. L. 108–293, § 802(b)(1), substituted ‘‘title’’ for ‘‘Act’’ in two places.
Subsecs. (d), (e). Pub. L. 108–293, § 802(b)(2), added subsecs. (d) and (e).
2002—Pub. L. 107–295 inserted subsec. headings, designated first par. as subsec. (a), redesignated former
subsec. (a) as (b), and added subsec. (c).
1950—Subsec. (a). Act Aug. 9, 1950, added subsec. (a).
1941—Act Nov. 15, 1941, struck out ‘‘by the Secretary
of the Treasury or the Governor of the Panama Canal’’
before ‘‘under the provisions of this title’’.
1940—Act Mar. 28, 1940, increased term of imprisonment.
TERMINATION DATE OF 1950 AMENDMENT
For termination of amendment by act Aug. 9, 1950,
see section 4 of act Aug. 9, 1950, set out as a note under
section 191 of this title.

Page 60

REFERENCES IN TEXT
This title, referred to in text, means title II of act
June 15, 1917, ch. 30, 40 Stat. 220, as amended, which enacted sections 191 and 192 to 194 of this title. For complete classification of this Act to the Code, see Tables.
AMENDMENTS
1950—Act Aug. 9, 1950, authorized President to employ
such departments, agencies, etc., as he may deem necessary to carry out title II of act June 15, 1917.
TERMINATION DATE OF 1950 AMENDMENT
For termination of amendment by act Aug. 9, 1950,
see section 4 of act Aug. 9, 1950, set out as a note under
section 191 of this title.

§ 195. Definitions
In this Act:
(1) UNITED STATES.—The term ‘‘United
States’’ includes all territory and waters, continental or insular, subject to the jurisdiction
of the United States.
(2) TERRITORIAL WATERS.—The term ‘‘territorial waters of the United States’’ includes
all waters of the territorial sea of the United
States as described in Presidential Proclamation 5928 of December 27, 1988.
(June 15, 1917, ch. 30, title XIII, § 1, 40 Stat. 231;
Pub. L. 96–70, title III, § 3302(b), Sept. 27, 1979, 93
Stat. 498; Pub. L. 107–295, title I, § 104(a), Nov. 25,
2002, 116 Stat. 2085.)
REFERENCES IN TEXT
This Act, referred to in text, means act June 15, 1917,
ch. 30, 40 Stat. 217, as amended. For complete classification of this Act to the Code, see Tables.
Presidential Proclamation 5928 of December 27, 1988,
referred to in par. (2), is set out as a note under section
1331 of Title 43, Public Lands.
CODIFICATION
Section was formerly classified to section 40 of this
title. In the original this section defined ‘‘United
States’’ as used in act June 15, 1917. Other provisions of
that act were contained in sections 31 to 42 of this title
and certain sections of former Title 18, Criminal Code
and Criminal Procedure. The definition of ‘‘United
States’’ as used in present provisions derived from
those former sections is covered by section 5 of Title 18,
Crimes and Criminal Procedure.

§ 193. Repealed. June 25, 1948, ch. 645, § 21, 62
Stat. 862

AMENDMENTS

Section, acts June 15, 1917, ch. 30, title II, § 3, 40 Stat.
220; Mar. 28, 1940, ch. 72, § 3(b), 54 Stat. 79, related to destruction of, injury to, or improper use of vessels. See
section 2274 of Title 18, Crimes and Criminal Procedure.

2002—Pub. L. 107–295 added introductory provisions,
designated existing provisions as par. (1), inserted
heading, struck out ‘‘as used in this Act’’ before ‘‘includes’’, and added par. (2).
1979—Pub. L. 96–70 struck out ‘‘the Canal Zone and’’
after ‘‘this Act includes’’.

EFFECTIVE DATE OF REPEAL
Repeal effective Sept. 1, 1948, see section 38 of act
June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

§ 194. Enforcement provisions
The President may employ such departments,
agencies, officers, or instrumentalities of the
United States as he may deem necessary to
carry out the purpose of this title.1
(June 15, 1917, ch. 30, title II, § 4, 40 Stat. 220;
Aug. 9, 1950, ch. 656, § 2, 64 Stat. 428.)
1 See

References in Text note below.

EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96–70 effective Oct. 1, 1979, see
section 3304 of Pub. L. 96–70, set out as an Effective
Date note under section 3601 of Title 22, Foreign Relations and Intercourse.

§ 196. Emergency foreign vessel acquisition; purchase or requisition of vessels lying idle in
United States waters
During any period in which vessels may be
requisitioned under chapter 563 of title 46, the
President is authorized and empowered through
the Secretary of Transportation to purchase, or
to requisition, or for any part of such period to