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Volume 49 · 1821

Public Law 74–705

To define the jurisdiction of the Coast Guard.

Approved June 22, 1936

Statutory text

AN ACT

To define the jurisdiction of the Coast Guard.

Be it enacted by the Senate and House of Representatives of the United States of American in Congress assembled,

That commissioned, warrant, and petty officers of the Coast Guard are hereby empowered to make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas, and the navigable waters of the United States, its Territories, and possessions, except the Philippine Islands, for the prevention, detection, and suppression of violations of laws of

Proviso.

Waters excluded.

the United States: Provided, That nothing herein contained shall apply to the inland waters of the United States, its Territories, and possessions, other than the Great Lakes and the connecting waters

Right to board, search, etc., vessels.

thereof. For such purposes, such officers are authorized at any time to go on board of any vessel, subject to the jurisdiction, or to the operation of any law, of the United States, to address inquiries to those on board, to examine the ship’s documents and papers, and to examine, inspect, and search the vessel and use all necessary force to compel compliance. When from such inquiries, examination, inspection,

Arrest of law violators.

or search it shall appear that a breach of the laws of the United States rendering a person liable to arrest is being, or has been committed, by any person, such person shall be arrested or, if escaping to shore, shall be immediately pursued and arrested on shore, or other lawful and appropriate action shall be taken; or, if it shall appear

Seizure of vessel.

that a breach of the laws of the United States has been committed so as to render such vessel, or the merchandise, or any part thereof, on board of, or brought into the United States by, such vessel, liable to forfeiture, or, so as to render such vessel liable to a fine or penalty and if necessary to secure such fine or penalty, such vessel shall be seized.

Sec. 2.

The officers of the United States Coast Guard, insofar as

Officers deemed agents of executive departments, etc.

they are engaged, pursuant to the authority contained in this Act, in enforcing any law of the United States, shall—

(a)

Be deemed to be acting as agents of the particular executive department or independent establishment charged with the administration of the particular law; and

(b)

Be subject to all the rules and regulations promulgated by such department or independent establishment with respect to the enforcement of that law.

Sec. 3.

The foregoing provisions shall be in addition to any powers

Provisions to be additional to vested powers.

conferred by law upon such officers, and not in limitation of any powers conferred by law upon such officers or any other officers of the United States.

Sec. 4.

The term “inland waters” as used in this Act shall not be

“Inland waters” construed.

construed to include harbors, bays, sounds, roadsteads, and like bodies of water along the coasts of the United States, its Territories, and possessions, and shores of the Great Lakes.

Approved, June 22, 1936.

Parsed from the official Statutes at Large USLM XML in 49.xml