Title 46 — Shipping

Chapter 700 — Ports and Waterways Safety

§ 70051. Regulation of anchorage and movement of vessels during national emergency

Statutory text

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 the department in which the Coast Guard is operating 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 cyber incidents, or transnational organized crime, or foreign state threats, or of disturbances or threatened disturbances of the 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 subchapter.

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.

2018
Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 title IV § 407(b)(5) · 132 Stat. 4192
Enacted · 46 U.S.C. § 70051
Added Pub. L. 115–282, title IV, § 407(b)(5), Dec. 4, 2018, 132 Stat. 4267
Source evidence
Code source credit
Added Pub. L. 115–282, title IV, § 407(b)(5), Dec. 4, 2018, 132 Stat. 4267
Enacted provision · exact public law section
(5) by transferring the section so that the section appears before section 70054 of title 46, United States Code (as added by subsection (a) of this section).
2021
Elijah E. Cummings Coast Guard Authorization Act of 2020
Pub. L. 116–283 div. G title LVXXXV · 134 Stat. 3388
1. Substituted · 46 U.S.C. § 70051
  Pub. L. 116–283 substituted “immediate Federal response, the Secretary of the department in which the Coast Guard is operating may make, subject to the approval” for “immediate Federal response, the Secretary of the department in which the Coast Guard is operating may make, subject to the approval” in concluding provisions. See Codification note above
2. Substituted · 46 U.S.C. § 70051
  Pub. L. 116–283 substituted “authority to issue such rules and regulations to the Secretary of the department in which the Coast Guard is operating. Any appropriation” for “authority to issue such rules and regulations to the Secretary. Any appropriation” in concluding provisions. See Codification note above
Source evidence
Code amendment note
Pub. L. 116–283 substituted “immediate Federal response, the Secretary of the department in which the Coast Guard is operating may make, subject to the approval” for “immediate Federal response, the Secretary of the department in which the Coast Guard is operating may make, subject to the approval” in introductory provisions and “authority to issue such rules and regulations to the Secretary of the department in which the Coast Guard is operating. Any appropriation” for “authority to issue such rules and regulations to the Secretary. Any appropriation” in concluding provisions. See Codification note above.
Enacted provision · exact public law
TITLE LVXXXV— TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS Sec. 8501. Transfers. Sec. 8502. Additional transfers. Sec. 8503. License exemptions; repeal of obsolete provisions. Sec. 8504. Maritime transportation system. Sec. 8505. References to “persons” and “seamen”. Sec. 8506. References to “himself” and “his”. Sec. 8507. Miscellaneous technical corrections. Sec. 8508. Technical corrections relating to codification of Ports and Waterways Safety Act. Sec. 8509. Aids to navigation. Sec. 8510. Transfers related to employees of Lighthouse Service. Sec. 8511. Transfers related to surviving spouses of Lighthouse Service employees. Sec. 8512. Repeals related to lighthouse statutes. Sec. 8513. Common appropriation structure. SEC. 8501. TRANSFERS. (a) In General.— (1) Section 215 of the Coast Guard and Maritime Transportation Act of 2004 (Public Law 108–293; 14 U.S.C. 504 note) is redesignated as section 322 of title 14, United States Code, transferred to appear after section 321 of such title (as added by this division), and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code. (2) Section 406 of the Maritime Transportation Security Act of 2002 (Public Law 107–295; 14 U.S.C. 501 note) is redesignated as section 720 of title 14, United States Code, transferred to appear after section 719 of such title (as added by this division), and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code. (3) Section 1110 of title 14, United States Code, is redesignated as section 5110 of such title and transferred to appear after section 5109 of such title (as added by this division). (4) Section 401 of the Coast Guard Authorization Act of 2010 (Public Law 111–281) 14 USC 308 note. is amended by striking subsection (e). (5) Subchapter I of chapter 11 of title 14, United States Code, as amended by this division, is amended by inserting after section 1109 the following: “§ 1110. Elevation of disputes to the Chief Acquisition Officer “If, after 90 days following the elevation to the Chief Acquisition Officer of any design or other dispute regarding level 1 or level 2 acquisition, the dispute remains unresolved, the Commandant shall provide to the appropriate congressional committees a detailed description of the issue and the rationale underlying the decision taken by the Chief Acquisition Officer to resolve the issue.” . (6) Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33 U.S.C. 471) is amended— (A) by transferring such section to appear after section 70005 of title 46, United States Code; (B) by striking “Sec. 7.” and inserting “§70006. Establishment by Secretary of the department in which the Coast Guard is operating of anchorage grounds and regulations generally”; and (C) by adjusting the margins with respect to subsections (a) and (b) for the presence of a section heading accordingly. (7) Section 217 of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 14 U.S.C. 504 note)— (A) is redesignated as section 5112 of title 14, United States Code, transferred to appear after section 5111 of such title (as added by this division), and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code; and (B) is amended— (i) by striking the heading and inserting the following: “§ 5112. Sexual assault and sexual harassment in the Coast Guard” ; and (ii) in subsection (b), by adding at the end the following: “(5) (A) The number of instances in which a covered individual was accused of misconduct or crimes considered collateral to the investigation of a sexual assault committed against the individual. “(B) The number of instances in which adverse action was taken against a covered individual who was accused of collateral misconduct or crimes as described in subparagraph (A). “(C) The percentage of investigations of sexual assaults that involved an accusation or adverse action against a covered individual as described in subparagraphs (A) and (B). “(D) In this paragraph, the term ‘covered individual’ means an individual who is identified as a victim of a sexual assault in the case files of a military criminal investigative organization.” . (b) Clerical Amendments.— (1) The analysis for chapter 3 of title 14, United States Code, as 14 USC prec. 301. amended by this division, is further amended by adding at the end the following: “322. Redistricting notification requirement.”. (2) The analysis for chapter 7 of title 14, United States Code, 14 USC prec. 701. as amended by this division, is further amended by adding at the end the following: “720. VHF communication services.”. (3) The analysis for chapter 11 of title 14, United States Code, is 14 USC prec. 1101. amended by striking the item relating to section 1110 and inserting the following: “1110. Elevation of disputes to the Chief Acquisition Officer.”. (4) The analysis for chapter 51 of title 14, United States Code, as 14 USC prec. 5101. amended by this division, is further amended by adding at the end the following: “5110. Mission need statement. “5111. Report on diversity at Coast Guard Academy. “5112. Sexual assault and sexual harassment in the Coast Guard.”. (5) The analysis for chapter 700 of title 46, United States Code, is 46 USC prec. 70001. further amended by inserting after the item relating to section 70005 the following: “70006. Establishment by the Secretary of the department in which the Coast Guard is operating of anchorage grounds and regulations generally.”. SEC. 8502. ADDITIONAL TRANSFERS. (a) Section 204 of the Marine Transportation Security Act.— (1) The Maritime Transportation Security Act of 2002 is amended by striking section 204 (33 U.S.C. 1902a). (2) Section 3 of the Act to Prevent Pollution from Ships (33 U.S.C. 1902)— (A) is amended by redesignating subsections (e) through (i) as subsections (f) through (j) respectively; and (B) by inserting after subsection (d) the following: “(e) Discharge of Agricultural Cargo Residue.— Notwithstanding any other provision of law, the discharge from a vessel of any agricultural cargo residue material in the form of hold washings shall be governed exclusively by the provisions of this Act that implement Annex V to the International Convention for the Prevention of Pollution from Ships.” . (b) LNG Tankers.— (1) The Coast Guard and Maritime Transportation Act of 2006 is 33 USC 1503 note, 1504 note. amended by striking section 304 (Public Law 109–241; 120 Stat. 527). (2) Section 5 of the Deepwater Port Act of 1974 (33 U.S.C. 1504) is amended by adding at the end the following: “(j) LNG Tankers.— “(1) Program.— The Secretary of Transportation shall develop and implement a program to promote the transportation of liquefied natural gas to and from the United States on United States flag vessels. “(2) Information to be provided.— When the Coast Guard is operating as a contributing agency in the Federal Energy Regulatory Commission’s shoreside licensing process for a liquefied natural gas or liquefied petroleum gas terminal located on shore or within State seaward boundaries, the Coast Guard shall provide to the Commission the information described in section 5(c)(2)(K) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c)(2)(K)) with respect to vessels reasonably anticipated to be servicing that port.” . SEC. 8503. LICENSE EXEMPTIONS; REPEAL OF OBSOLETE PROVISIONS. (a) Service Under Licenses Issued Without Examination.— (1) Repeal.— Section 8303 of title 46, United States Code, and the item relating to that section in the analysis for chapter 83 of that title, 46 USC prec. 8301. are repealed. (2) Conforming amendment.— Section 14305(a)(10) of title 46, United States Code, is amended by striking “sections 8303 and 8304” and inserting “section 8304”. (b) Standards for Tank Vessels of the United States.— Section 9102 of title 46, United States Code, is amended— (1) by striking “(a)” before the first sentence; and (2) by striking subsection (b). SEC. 8504. MARITIME TRANSPORTATION SYSTEM. (a) Maritime Transportation System.— Section 312(b)(4) of title 14, United States Code, is amended by striking “marine transportation system” and inserting “maritime transportation system”. (b) Clarification of Reference to Marine Transportation System Programs.— Section 50307(a) of title 46, United States Code, is amended by striking “marine transportation” and inserting “maritime transportation”. SEC. 8505. REFERENCES TO “PERSONS” AND “SEAMEN”. (a) Technical Correction of References to “Persons”.— Title 14, United States Code, is amended as follows: (1) In section 312(d), by striking “persons” and inserting “individuals”. (2) In section 313(d)(2)(B), by striking “person” and inserting “individual”. (3) In section 504— (A) in subsection (a)(19)(B), by striking “a person” and inserting “an individual”; and (B) in subsection (c)(4), by striking “seamen;” and inserting “mariners;”. (4) In section 521, by striking “persons” each place it appears and inserting “individuals”. (5) In section 522— (A) by striking “a person” and inserting “an individual”; and (B) by striking “person” the second and third place it appears and inserting “individual”. (6) In section 525(a)(1)(C)(ii), by striking “person” and inserting “individual”. (7) In section 526— (A) by striking “person” each place it appears and inserting “individual”; (B) by striking “persons” each place it appears and inserting “individuals”; and (C) in subsection (b), by striking “person’s” and inserting “individual’s”. (8) In section 709— (A) by striking “persons” and inserting “individuals”; and (B) by striking “person” and inserting “individual”. (9) In section 933(b), by striking “Every person” and inserting “An individual”. (10) In section 1102(d), by striking “persons” and inserting “individuals”. (11) In section 1902(b)(3)— (A) in subparagraph (A), by striking “person or persons” and inserting “individual or individuals”; and (B) in subparagraph (B), by striking “person” and inserting “individual”. (12) In section 1941(b), by striking “persons” and inserting “individuals”. (13) In section 2101(b), by striking “person” and inserting “individual”. (14) In section 2102(c), by striking “A person” and inserting “An individual”. (15) In section 2104(b)— (A) by striking “persons” and inserting “individuals”; and (B) by striking “A person” and inserting “An individual”. (16) In section 2118(d), by striking “person” and inserting “individual who is”. (17) In section 2147(d), by striking “a person” and inserting “an individual”. (18) In section 2150(f), by striking “person” and inserting “individual who is”. (19) In section 2161(b), by striking “person” and inserting “individual”. (20) In section 2317— (A) by striking “persons” and inserting “individuals”; (B) by striking “person” each place it appears and inserting “individual”; and (C) in subsection (c)(2), by striking “person’s” and inserting “individual’s”. (21) In section 2531— (A) by striking “person” each place it appears and inserting “individual”; and (B) by striking “persons” each place it appears and inserting “individuals”. (22) In section 2709, by striking “persons” and inserting “individuals”. (23) In section 2710— (A) by striking “persons” and inserting “individuals”; and (B) by striking “person” each place it appears and inserting “individual”. (24) In section 2711(b), by striking “person” and inserting “individual”. (25) In section 2732, by striking “a person” and inserting “an individual”. (26) In section 2733— (A) by striking “A person” and inserting “An individual”; and (B) by striking “that person” and inserting “that individual”. (27) In section 2734, by striking “person” each place it appears and inserting “individual”. (28) In section 2735, by striking “a person” and inserting “an individual”. (29) In section 2736, by striking “person” and inserting “individual”. (30) In section 2737, by striking “a person” and inserting “an individual”. (31) In section 2738, by striking “person” and inserting “individual”. (32) In section 2739, by striking “person” and inserting “individual”. (33) In section 2740— (A) by striking “person” and inserting “individual”; and (B) by striking “one” the second place it appears. (34) In section 2741— (A) in subsection (a), by striking “a person” and inserting “an individual”; (B) in subsection (b)(1), by striking “person’s” and inserting “individual’s”; and (C) in subsection (b)(2), by striking “person” and inserting “individual”. (35) In section 2743, by striking “person” each place it appears and inserting “individual”. (36) In section 2744— (A) in subsection (b), by striking “a person” and inserting “an individual”; and (B) in subsections (a) and (c), by striking “person” each place it appears and inserting “individual”. (37) In section 2745, by striking “person” and inserting “individual”. (38) (A) In section 2761— (i) in the section heading, by striking “Persons” and inserting “Individuals”; (ii) by striking “persons” and inserting “individuals”; and (iii) by striking “person” and inserting “individual”. (B) In the analysis for chapter 27, by striking the item relating to section 2761 and inserting the following: “2761. Individuals discharged as result of court-martial; allowances to.”. (39) (A) In the heading for section 2767, by striking “persons” and inserting “individuals”. (B) In the analysis for chapter 27, by striking the item relating to section 2767 and inserting the following: “2767. Reimbursement for medical-related travel expenses for certain individuals residing on islands in the continental United States.”. (40) In section 2769— (A) by striking “a person’s” and inserting “an individual’s”; and (B) in paragraph (1), by striking “person” and inserting “individual”. (41) In section 2772(a)(2), by striking “person” and inserting “individual”. (42) In section 2773— (A) in subsection (b), by striking “persons” each place it appears and inserting “individuals”; and (B) in subsection (d), by striking “a person” and inserting “an individual”. (43) In section 2775, by striking “person” each place it appears and inserting “individual”. (44) In section 2776, by striking “person” and inserting “individual”. (45) (A) In section 2777— (i) in the heading, by striking “persons” and inserting “individuals”; and (ii) by striking “persons” each place it appears and inserting “individuals”. (B) In the analysis for chapter 27, by striking the item relating to section 2777 and inserting the following: “2777. Clothing for destitute shipwrecked individuals.”. (46) In section 2779, by striking “persons” each place it appears and inserting “individuals”. (47) In section 2902(c), by striking “person” and inserting “individual”. (48) In section 2903(b), by striking “person” and inserting “individual”. (49) In section 2904(b)(1)(B), by striking “a person” and inserting “an individual”. (50) In section 3706— (A) by striking “a person” and inserting “an individual”; and (B) by striking “person’s” and inserting “individual’s”. (51) In section 3707— (A) in subsection (c)— (i) by striking “person” and inserting “individual”; and (ii) by striking “person’s” and inserting “individual’s”; and (B) in subsection (e), by striking “a person” and inserting “an individual”. (52) In section 3708, by striking “person” each place it appears and inserting “individual”. (53) In section 3738— (A) by striking “a person” each place it appears and inserting “an individual”; (B) by striking “person’s” and inserting “individual’s”; and (C) by striking “A person” and inserting “An individual”. (b) Correction of References to Persons and Seamen.— (1) Section 2303a(a) of title 46, United States Code, is amended by striking “persons” and inserting “individuals”. (2) Section 2306(a)(3) of title 46, United States Code, is amended to read as follows: “(3) An owner, charterer, managing operator, or agent of a vessel of the United States notifying the Coast Guard under paragraph (1) or (2) shall— “(A) provide the name and identification number of the vessel, the names of individuals on board, and other information that may be requested by the Coast Guard; and “(B) submit written confirmation to the Coast Guard within 24 hours after nonwritten notification to the Coast Guard under such paragraphs.” . (3) Section 7303 of title 46, United States Code, is amended by striking “seaman” each place it appears and inserting “individual”. (4) Section 7319 of title 46, United States Code, is amended by striking “seaman” each place it appears and inserting “individual”. (5) Section 7501(b) of title 46, United States Code, is amended by striking “seaman” and inserting “holder”. (6) Section 7508(b) of title 46, United States Code, is amended by striking “individual seamen or a specifically identified group of seamen” and inserting “an individual or a specifically identified group of individuals”. (7) Section 7510 of title 46, United States Code, is amended— (A) in subsection (c)(8)(B), by striking “merchant seamen” and inserting “merchant mariner”; and (B) in subsection (d), by striking “merchant seaman” and inserting “merchant mariner”. (8) Section 8103(k)(3)(C) of title 46, United States Code, is amended by striking “merchant mariners” each place it appears and inserting “merchant mariner’s”. (9) Section 8104 of title 46, United States Code, is amended— (A) in subsection (c), by striking “a licensed individual or seaman” and inserting “an individual”; (B) in subsection (d), by striking “A licensed individual or seaman” and inserting “An individual”; (C) in subsection (e), by striking “a seaman” each place it appears and inserting “an individual”; and (D) in subsection (j), by striking “seaman” and inserting “individual”. (10) Section 8302(d) of title 46, United States Code, is amended by striking “3 persons” and inserting “3 individuals”. (11) Section 11201 of title 46, United States Code, is amended by striking “a person” each place it appears and inserting “an individual”. (12) Section 11202 of title 46, United States Code, is amended— (A) by striking “a person” and inserting “an individual”; and (B) by striking “the person” each place it appears and inserting “the individual”. (13) Section 11203 of title 46, United States Code, is amended— (A) by striking “a person” each place it appears and inserting “an individual”; and (B) in subsection (a)(2), by striking “that person” and inserting “that individual”. (14) Section 15109(i)(2) of title 46, United States Code, is amended by striking “additional persons” and inserting “additional individuals”. SEC. 8506. REFERENCES TO “HIMSELF” AND “HIS”. (a) Section 1927 of title 14, United States Code, is amended by— (1) striking “of his initial” and inserting “of an initial”; and (2) striking “from his pay” and inserting “from the pay of such cadet”. (b) Section 2108(b) of title 14, United States Code, is amended by striking “himself” and inserting “such officer”. (c) Section 2732 of title 14, United States Code, as amended by this division, is further amended— (1) by striking “distinguishes himself conspicuously by” and inserting “displays conspicuous”; and (2) by striking “his” and inserting “such individual’s”. (d) Section 2736 of title 14, United States Code, as amended by this division, is further amended by striking “distinguishes himself by” and inserting “performs”. (e) Section 2738 of title 14, United States Code, as amended by this division, is further amended by striking “distinguishes himself by” and inserting “displays”. (f) Section 2739 of title 14, United States Code, as amended by this division, is further amended by striking “distinguishes himself by” and inserting “displays”. (g) Section 2742 of title 14, United States Code, is amended by striking “he distinguished himself” and inserting “of the acts resulting in the consideration of such award”. (h) Section 2743 of title 14, United States Code, as amended by this division, is further amended— (1) by striking “distinguishes himself”; and (2) by striking “he” and inserting “such individual”. SEC. 8507. MISCELLANEOUS TECHNICAL CORRECTIONS. (a) Miscellaneous Technical Corrections.— (1) Section 3305(d)(3)(B) of title 46, United States Code, is amended by striking “Coast Guard Authorization Act of 2017” and inserting “Frank LoBiondo Coast Guard Authorization Act of 2018”. (2) Section 4312 of title 46, United States Code, is amended by striking “Coast Guard Authorization Act of 2017” each place it appears and inserting “Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282)”. (3) The analysis for chapter 700 of title 46, United States Code, is 46 USC prec. 70001. amended— (A) by striking the item relating to the heading for the first subchapter and inserting the following: “subchapter i— vessel operations”; (B) by striking the item relating to the heading for the second subchapter and inserting the following: “subchapter ii— ports and waterways safety”; (C) by striking the item relating to the heading for the third subchapter and the item relating to section 70021 of such chapter and inserting the following: “subchapter iii— conditions for entry into ports in the united states “70021. Conditions for entry into ports in the United States.”; (D) by striking the item relating to the heading for the fourth subchapter and inserting the following: “subchapter iv— definitions regulations, enforcement, investigatory powers, applicability”; (E) by striking the item relating to the heading for the fifth subchapter and inserting the following: “subchapter v— regattas and marine parades”; and (F) by striking the item relating to the heading for the sixth subchapter and inserting the following: “subchapter vi— regulation of vessels in territorial waters of the united states”. (4) Section 70031 of title 46, United States Code, is amended by striking “A through C” and inserting “I through III”. (5) Section 70032 of title 46, United States Code, is amended by striking “A through C” and inserting “I through III”. (6) Section 70033 of title 46, United States Code, is amended by striking “A through C” and inserting “I through III”. (7) Section 70034 of title 46, United States Code, is amended by striking “A through C” each place it appears and inserting “I through III”. (8) Section 70035(a) of title 46, United States Code, is amended by striking “A through C” and inserting “I through III”. (9) Section 70036 of title 46, United States Code, is amended by— (A) striking “A through C” each place it appears and inserting “I through III”; and (B) striking “A, B, or C” each place it appears and inserting “I, II, or III”. (10) Section 70051 of title 46, United States Code, is amended— (A) by striking “immediate Federal response,” and all that follows through “subject to the approval” and inserting “immediate Federal response, the Secretary of the department in which the Coast Guard is operating may make, subject to the approval”; and (B) by striking “authority to issue such rules” and all that follows through “Any appropriation” and inserting “authority to issue such rules and regulations to the Secretary of the department in which the Coast Guard is operating. Any appropriation”. (11) Section 70052(e) of title 46, United States Code, is amended by striking “Secretary” and inserting “Secretary of the department in which the Coast Guard is operating” each place it appears. (b) Alteration of Bridges; Technical Changes.— The Act of June 21, 1940 (33 U.S.C. 511 et seq.), popularly known as the Truman-Hobbs Act, is amended by striking section 12 (33 U.S.C. 522). (c) Report of Determination; Technical Correction.— Section 105(f)(2) of the Pribilof Islands Transition Act (16 U.S.C. 1161 note; Public Law 106–562) is amended by striking “subsection (a),” and inserting “paragraph (1),”. (d) Technical Corrections to Frank LoBiondo Coast Guard Authorization Act of 2018.— (1) Section 408 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) and the item relating to such section in section 2 of such Act are 33 USC 1226; 46 USC prec. 70101, 70102a, 70103. repealed, and the provisions of law redesignated, transferred, or otherwise amended by section 408 are amended to read as if such section were not enacted. (2) Section 514(b) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by striking “Chapter 30” and inserting “Chapter 3”. (3) Section 810(d) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by striking “within 30 days after receiving the notice under subsection (a)(1), the Secretary shall, by not later than 60 days after transmitting such notice,” and inserting “in accordance within subsection (a)(2), the Secretary shall”. (4) Section 820(a) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by striking “years 2018 and” and inserting “year”. (5) Section 820(b)(2) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by inserting “and the Consolidated Appropriations Act, 2018 (Public Law 115–141)” after “(Public Law 115–31)”. (6) Section 821(a)(2) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by striking “Coast Guard Authorization Act of 2017” and inserting “Frank LoBiondo Coast Guard Authorization Act of 2018”. (7) This section shall take effect on the date of the enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) and apply as if included therein. (e) Technical Correction.— Section 533(d)(2)(A) of the Coast Guard Authorization Act of 2016 (Public Law 114–120) is amended by striking “Tract 6” and inserting “such Tract”. (f) Distant Water Tuna Fleet; Technical Corrections.— Section 421 of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241) 46 USC 8103 note. is amended— (1) in subsection (a)— (A) by striking “Notwithstanding” and inserting the following: “(1) In general.— Notwithstanding” ; and (B) by adding at the end the following: “(2) Definition.— In this subsection, the term ‘treaty area’ has the meaning given the term in the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America as in effect on the date of the enactment of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241).” ; and (2) in subsection (c)— (A) by striking “12.6 or 12.7” and inserting “13.6”; and (B) by striking “and Maritime Transportation Act of 2012” and inserting “Authorization Act of 2020”. SEC. 8508. TECHNICAL CORRECTIONS RELATING TO CODIFICATION OF PORTS AND WATERWAYS SAFETY ACT. Effective date. Effective upon the enactment of section 401 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282), and notwithstanding section 402(e) of such Act— (1) section 16 of the Ports and Waterways Safety Act, as added by section 315 of the Countering America’s Adversaries Through Sanctions Act 33 USC 1232c. (Public Law 115–44; 131 Stat. 947)— (A) is redesignated as section 70022 of title 46, United States Code, transferred to appear after section 70021 of that title, and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 46, United States Code; and (B) as so redesignated and transferred, is amended— (i) in subsections (b) and (e), by striking “section 4(a)(5)” each place it appears and inserting “section 70001(a)(5)”; (ii) in subsection (c)(2), by striking “not later than” and all that follows through “thereafter,” and inserting “periodically”; and (iii) by striking subsection (h); and (2) chapter 700 of title 46, United States Code, is amended— (A) in section 70002(2), by inserting “or 70022” after “section 70021”; (B) in section 70036(e), by inserting “or 70022” after “section 70021”; and (C) in the analysis for such chapter— (i) by inserting “Sec.” above the section items, in accordance with the style and form of such an entry in other chapter analyses of such title; and (ii) by adding at the end the following: “70022. Prohibition on entry and operation.”. SEC. 8509. AIDS TO NAVIGATION. (a) Section 541 of title 14, United States Code, is amended— (1) by striking “In” and inserting “(a) In”; and (2) by adding at the end the following: “(b) In the case of pierhead beacons, the Commandant may— “(1) acquire, by donation or purchase in behalf of the United States, the right to use and occupy sites for pierhead beacons; and “(2) properly mark all pierheads belonging to the United States situated on the northern and northwestern lakes, whenever the Commandant is duly notified by the department charged with the construction or repair of pierheads that the construction or repair of any such pierheads has been completed.” . (b) Subchapter III of chapter 5 of title 14, United States Code, is amended by adding at the end the following: “§ 548. Prohibition against officers and employees being interested in contracts for materials “No officer, enlisted member, or civilian member of the Coast Guard in any manner connected with the construction, operation, or maintenance of lighthouses, shall be interested, either directly or indirectly, in any contract for labor, materials, or supplies for the construction, operation, or maintenance of lighthouses, or in any patent, plan, or mode of construction or illumination, or in any article of supply for the construction, operation, or maintenance of lighthouses. “§ 549. Lighthouse and other sites; necessity and sufficiency of cession by State of jurisdiction “(a) No lighthouse, beacon, public pier, or landmark, shall be built or erected on any site until cession of jurisdiction over the same has been made to the United States. “(b) For the purposes of subsection (a), a cession by a State of jurisdiction over a place selected as the site of a lighthouse, or other structure or work referred to in subsection (a), shall be deemed sufficient if the cession contains a reservation that process issued under authority of such State may continue to be served within such place. “(c) If no reservation of service described in subsection (b) is contained in a cession, all process may be served and executed within the place ceded, in the same manner as if no cession had been made. “§ 550. Marking pierheads in certain lakes “The Commandant of the Coast Guard shall properly mark all pierheads belonging to the United States situated on the northern and northwestern lakes, whenever he is duly notified by the department charged with the construction or repair of pierheads that the construction or repair of any such pierhead has been completed.” . (c) Clerical Amendment.— The analysis for chapter 5 of title 14, United States Code, is 14 USC prec. 501. amended by inserting after the item relating to section 547 the following: “548. Prohibition against officers and employees being interested in contracts for materials. “549. Lighthouse and other sites; necessity and sufficiency of cession by State of jurisdiction. “550. Marking pierheads in certain lakes.”. SEC. 8510. TRANSFERS RELATED TO EMPLOYEES OF LIGHTHOUSE SERVICE. (a) Section 6 of chapter 103 of the Act of June 20, 1918 (33 U.S.C. 763) is repealed. (b) Chapter 25 of title 14, United States Code, is amended by inserting after section 2531 the following: “§ 2532. Retirement of employees “(a) Optional Retirement.— Except as provided in subsections (d) and (e), a covered employee may retire from further performance of duty if such officer or employee— “(1) has completed 30 years of active service in the Government and is at least 55 years of age; “(2) has completed 25 years of active service in the Government and is at least 62 years of age; or “(3) is involuntarily separated from further performance of duty, except by removal for cause on charges of misconduct or delinquency, after completing 25 years of active service in the Government, or after completing 20 years of such service and if such employee is at least 50 years of age. “(b) Compulsory Retirement.— A covered employee who becomes 70 years of age shall be compulsorily retired from further performance of duty. “(c) Retirement for Disability.— “(1) In general.— A covered employee who has completed 15 years of active service in the Government and is found, after examination by a medical officer of the United States, to be disabled for useful and efficient service by reason of disease or injury not due to vicious habits, intemperance, or willful misconduct of such officer or employee, shall be retired. “(2) Restoration to active duty.— Any individual retired under paragraph (1) may, upon recovery, be restored to active duty, and shall from time to time, before reaching the age at which such individual may retire under subsection (a), be reexamined by a medical officer of the United States upon the request of the Secretary of the department in which the Coast Guard is operating. “(d) Annual Compensation.— “(1) In general.— Except as provided in paragraph (2), The annual compensation of a person retired under this section shall be a sum equal to one-fortieth of the average annual pay received for the last 3 years of service for each year of active service in the Lighthouse Service, or in a department or branch of the Government having a retirement system, not to exceed thirty-fortieths of such average annual pay received. “(2) Retirement before 55.— The retirement pay computed under paragraph (1) for any officer or employee retiring under this section shall be reduced by one-sixth of 1 percent for each full month the officer or employee is under 55 years of age at the date of retirement. “(3) No allowance or subsistence.— Retirement pay under this section shall not include any amount on account of subsistence or other allowance. “(e) Exception.— The retirement and pay provision in this section shall not apply to— “(1) any person in the field service of the Lighthouse Service whose duties do not require substantially all their time; or “(2) persons of the Coast Guard. “(f) Waiver.— Any person entitled to retirement pay under this section may decline to accept all or any part of such retirement pay by a waiver signed and filed with the Secretary of the Treasury. Such waiver may be revoked in writing at any time, but no payment of the retirement pay waived shall be made covering the period during which such waiver was in effect. “(g) Definition.— For the purposes of this section, the term ‘covered employee’ means an officer or employee engaged in the field service or on vessels of the Lighthouse Service, except a person continuously employed in district offices or shop.” . (c) Clerical Amendment.— The analysis for chapter 25 of title 14, United States Code, 14 USC prec. 2501. is amended by inserting after the item relating to section 2531 the following: “2532. Retirement of employees.”. SEC. 8511. TRANSFERS RELATED TO SURVIVING SPOUSES OF LIGHTHOUSE SERVICE EMPLOYEES. (a) Benefit to Surviving Spouses.— Chapter 25 of title 14, United States Code, is further amended by inserting after section 2532 (as added by this division) the following: “§ 2533. Surviving spouses “The Secretary of the department in which the Coast Guard is operating shall pay $100 per month to the surviving spouse of a current or former employee of the Lighthouse Service in accordance with section 2532 if such employee dies— “(1) at a time when such employee was receiving or was entitled to receive retirement pay under this subchapter; or “(2) from non-service-connected causes after fifteen or more years of employment in such service.” . (b) Transfers Related to Surviving Spouses of Lighthouse Service Employees.— (1) Chapter 25 of title 14, United States Code, is amended by inserting after section 2533 (as added by this division) the following: “§ 2534. Application for benefits” . (2) (A) Section 3 of chapter 761 of the Act of August 19, 1950 (33 U.S.C. 773), is redesignated as section 2534(a) of title 14, United States Code, transferred to appear after the heading of section 2534 of that title, and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code. (B) Section 2534(a), as so redesignated, transferred, and amended is further amended by striking “this Act” and inserting “section 2533”. (3) (A) Section 4 of chapter 761 of the Act of August 19, 1950 (33 U.S.C. 774), is redesignated as section 2534(b) of title 14, United States Code, transferred to appear after section 2534(a) of that title, and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code. (B) Section 2534(b), as so redesignated, transferred, and amended is further amended by striking “the provisions of this Act” and inserting “section 2533”. (4) (A) The proviso under the heading “Payment to Civil Service Retirement and Disability Fund” of title V of division C of Public Law 112–74 (33 U.S.C. 776) is redesignated as section 2534(c) of title 14, United States Code, transferred to appear after section 2534(b) of that title, and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code. (B) Section 2534(c), as so redesignated, transferred, and amended is further amended by striking “the Act of May 29, 1944, and the Act of August 19, 1950 (33 U.S.C. 771–775),” and inserting “section 2533”. (c) Clerical Amendment.— The analysis for chapter 25 of title 14, United States Code, is 14 USC prec. 2501. further amended by inserting after the item relating to section 2532 (as added by this division) the following: “2533. Surviving spouses. “2534. Application for benefits.”. SEC. 8512. REPEALS RELATED TO LIGHTHOUSE STATUTES. (a) In General.— The following provisions are repealed: (1) Section 4680 of the Revised Statutes of the United States (33 U.S.C. 725). (2) Section 4661 of the Revised Statutes of the United States (33 U.S.C. 727). (3) Section 4662 of the Revised Statutes of the United States (33 U.S.C. 728). (4) The final paragraph in the account “For Life-Saving and Life-Boat Stations” under the heading Treasury Department in the first section of chapter 130 of the Act of March 3, 1875 (33 U.S.C. 730a). (5) Section 11 of chapter 301 of the Act of June 17, 1910 (33 U.S.C. 743). (6) The first section of chapter 215 of the Act of May 13, 1938 (33 U.S.C. 745a). (7) The first section of chapter 313 of the Act of February 25, 1929 (33 U.S.C. 747b). (8) Section 2 of chapter 103 of the Act of June 20, 1918 (33 U.S.C. 748). (9) Section 4 of chapter 371 of the Act of May 22, 1926 (33 U.S.C. 754a). (10) Chapter 642 of the Act of August 10, 1939 (33 U.S.C. 763a–1). (11) Chapter 788 of the Act of October 29, 1949 (33 U.S.C. 763–1). (12) Chapter 524 of the Act of July 9, 1956 (33 U.S.C. 763–2). (13) The last 2 provisos under the heading Lighthouse Service, under the heading Department of Commerce, in the first section of chapter 161 of the Act of March 4, 1921 (41 Stat. 1417, formerly 33 U.S.C. 764). (14) Section 3 of chapter 215 of the Act of May 13, 1938 (33 U.S.C. 770). (15) The first section and section 2 of chapter 761 of the Act of August 19, 1950 (33 U.S.C. 771 and 772). (b) Savings.— (1) Notwithstanding any repeals made by this section, any individual beneficiary currently receiving payments under the authority of any provisions repealed in this section shall continue to receive such benefits. (2) Notwithstanding the repeals made under paragraphs (10) and (11) of subsection (a), any pay increases made under chapter 788 of the Act of October 29, 1949, and chapter 524 of the Act of July 9, 1956, as in effect prior to their repeal shall remain in effect. SEC. 8513. COMMON APPROPRIATION STRUCTURE. (a) Common Appropriations Structure.— (1) Prospective payment of funds necessary to provide medical care.— Section 506 of title 14, United States Code, is amended— (A) in subsection (a)(1), by inserting “as established under chapter 56 of title 10” after “Medicare-Eligible Retiree Health Care Fund”; and (B) in subsection (b)(1), by striking “operating expenses” and inserting “operations and support”. (2) Use of certain appropriated funds.— Section 903 of title 14, United States Code, is amended— (A) in subsection (a), by striking “acquisition, construction, and improvement of facilities, for research, development, test, and evaluation; and for the alteration of bridges over the navigable waters” and inserting “procurement, construction, and improvement of facilities and for research and development”; and (B) in subsection (d)(1), amended by section 241(b)(1), by striking “operating expenses” and inserting “operations and support”. (3) Confidential investigative expenses.— Section 944 of title 14, United States Code, is amended— (A) by striking “necessary expenses for the operation” and inserting “the operations and support”; and (B) by striking “his” each place it appears and inserting “the Commandant’s”. (4) Procurement of personnel.— Section 2701 of title 14, United States Code, is amended— (A) by striking “operating expense” and inserting “operations and support”; (B) by striking “but not limited to”; and (C) by striking “in order”. (5) Requirement for prior authorization of appropriations.— Section 4901 of title 14, United States Code, is amended— (A) in paragraph (1), by striking “maintenance” and inserting “support”; (B) in paragraph (2), by striking “acquisition” and inserting “procurement”; (C) by striking paragraphs (3), (4), and (6); (D) by redesignating paragraph (5) as paragraph (3); and (E) in paragraph (3), as redesignated by subparagraph (D), by striking “research, development, test, and evaluation” and inserting “research and development.”. (b) Title 46.— Sections 3317(b), 7504, 80301(c), and 80505(b)(3) of title 46, United States Code, are each amended by striking “operating expenses” and inserting “operations and support”. (c) Oil Spill Liability Trust Fund.— Section 1012(a)(5)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(A)) is amended by striking “operating expenses” and inserting “operations and support”.
2025
Pub. L. 119–60 div. G title LXXIII § 7321(f) · 139 Stat. 1767
Inserted · 46 U.S.C. § 70051
Pub. L. 119–60 inserted “or cyber incidents, or transnational organized crime, or foreign state threats,” after “threatened war, or invasion, or insurrection, or subversive activity,” in introductory provisions
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Pub. L. 119–60 inserted “or cyber incidents, or transnational organized crime, or foreign state threats,” after “threatened war, or invasion, or insurrection, or subversive activity,” in introductory provisions.

1 of 4 references resolved to an enrolled provision · 2 partial · 1 unresolved

Editorial Notes

Codification

Section, as added by Pub. L. 115–282, is based on acts 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. 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; Pub. L. 115–232, div. C, title XXXV, § 3548(a), Aug. 13, 2018, 132 Stat. 2328; Pub. L. 115–282, title IV, § 407(b)(1)–(4), Dec. 4, 2018, 132 Stat. 4267, which was formerly classified to section 191 of Title 50, War and National Defense, before being transferred to this chapter and renumbered as this section. Prior to such renumbering and transfer, section 3548(a) of Pub. L. 115–232 amended section 1 of title II of act June 15, 1917, by substituting “the Secretary of the department in which the Coast Guard is operating” for “the Secretary of the Treasury” in the first par. Subsequently, section 407(b)(2) of Pub. L. 115–282 directed striking out “of the Treasury” but could not be executed because of the amendment by Pub. L. 115–232. Section 407(b)(3) of Pub. L. 115–282 further directed striking out “of the department in which the Coast Guard is operating”, which appeared in two places following the amendment by Pub. L. 115–232, but the amendment did not specify where the deletion should occur. The amendment was executed by striking out such phrase following “regulations to the Secretary” in concluding provisions, to reflect the probable intent of Congress.

Amendments2021–2025 · 2 rounds

2025

Pub. L. 119–60 inserted “or cyber incidents, or transnational organized crime, or foreign state threats,” after “threatened war, or invasion, or insurrection, or subversive activity,” in introductory provisions.

2021

Pub. L. 116–283 substituted “immediate Federal response, the Secretary of the department in which the Coast Guard is operating may make, subject to the approval” for “immediate Federal response, the Secretary of the department in which the Coast Guard is operating may make, subject to the approval” in introductory provisions and “authority to issue such rules and regulations to the Secretary of the department in which the Coast Guard is operating. Any appropriation” for “authority to issue such rules and regulations to the Secretary. Any appropriation” in concluding provisions. See Codification note above.

Executive Documents

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) [see 46 U.S.C. 70051], 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 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. 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.

[Provisions of Proc. No. 6867 superseded to the extent of inconsistency with provisions of Procs. No. 7757, 9398, and 9699, see Sec. 6 of Proc. No. 7757, Sec. 6 of Proc. No. 9398, and Sec. 6 of Proc. No. 9699, set out below.]

Continuation of National Emergency Declared by Proc. No. 6867

Notice of President of the United States, dated Feb. 20, 2025, 90 F.R. 10571, 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, United States-registered civilian aircraft in international airspace north of Cuba. On February 26, 2004, by Proclamation 7757 [46 U.S.C. 70051 note], the national emergency was expanded to deny monetary and material support to the Cuban government. On February 24, 2016, by Proclamation 9398, and on February 22, 2018, by Proclamation 9699 [46 U.S.C. 70051 notes], the national emergency was further modified based on continued disturbances or threatened disturbances of the international relations of the United States related to Cuba. The Cuban government has not demonstrated that it will refrain from the use of excessive force against United States vessels or aircraft that may engage in memorial activities or peaceful protest north of Cuba.

Further, the unauthorized entry of any United States-registered vessel into Cuban territorial waters continues to be detrimental to the foreign policy of the United States because such entry could facilitate a mass migration from Cuba. It continues to be United States policy that a mass migration from Cuba would endanger United States national security by posing a disturbance or threatened disturbance of the international relations 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, Proclamation 9398, and Proclamation 9699.

This notice shall be published in the Federal Register and transmitted to the Congress.

Donald J. Trump.

Prior continuations of national emergency declared by Proc. No. 6867 were contained in the following:

Notice of President of the United States, dated Feb. 21, 2024, 89 F.R. 13967.

Notice of President of the United States, dated Feb. 17, 2023, 88 F.R. 10821.

Notice of President of the United States, dated Feb. 23, 2022, 87 F.R. 10685.

Notice of President of the United States, dated Feb. 24, 2021, 86 F.R. 11601.

Notice of President of the United States, dated Feb. 25, 2020, 85 F.R. 11825.

Notice of President of the United States, dated Feb. 19, 2019, 84 F.R. 5579.

Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6185.

Notice of President of the United States, dated Feb. 25, 2015, 80 F.R. 11075.

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.

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 [former] section 6(j)(1)(A) of the Export Administration Act of 1979 [former 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 Cuban-registered 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;

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) [see 46 U.S.C. 70051], 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. 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.

[Provisions of Proc. No. 7757 superseded to the extent of inconsistency with provisions of Procs. No. 9398 and 9699, see Sec. 6 of Proc. No. 9398 and Sec. 6 of Proc. No. 9699, set out below.]

Proc. No. 9398. Modifying and Continuing the National Emergency With Respect to Cuba and Continuing To Authorize the Regulation of the Anchorage and Movement of Vessels

Proc. No. 9398, Feb. 24, 2016, 81 F.R. 9737, provided:

By the authority vested in me by the Constitution and the laws of the United States of America, in order to modify and continue the national emergency declared in Proclamation 6867 of March 1, 1996, and expanded by Proclamation 7757 of February 26, 2004 [both set out above], in light of the need to continue the national emergency based on a disturbance or threatened disturbance of the international relations of the United States related to Cuba, and,

WHEREAS the descriptions of the national emergency set forth in Proclamations 6867 and 7757 no longer reflect the international relations of the United States related to Cuba;

WHEREAS longstanding U.S. policy towards Cuba had, at times, tended to isolate the United States from regional and international partners, constrained our ability to influence outcomes throughout the Western Hemisphere, and impaired the use of the full range of tools available to the United States to promote positive change in Cuba;

WHEREAS the following descriptions accurately describe the national emergency with respect to Cuba;

WHEREAS the United States and Cuba reestablished diplomatic relations and opened embassies in each other’s capitals on July 20, 2015, and the United States continues to pursue the progressive normalization of relations while aspiring towards a peaceful, prosperous, and democratic Cuba;

WHEREAS the United States has committed to work with the Government of Cuba on matters of mutual concern that advance U.S. national interests, such as migration, human rights, counter-narcotics, environmental protection, and trafficking in persons, among other issues;

WHEREAS the United States is committed to supporting safe, orderly, and legal migration from Cuba through the effective implementation of the 1994–95 U.S.-Cuba Migration Accords;

WHEREAS the Cuban economy is in a relatively weak state, contributing to an outflow of its nationals towards the United States and neighboring countries;

WHEREAS the overarching objective of U.S. policy is stability in the region, and the outflow of Cuban nationals may have a destabilizing effect on the United States and its neighboring countries;

WHEREAS it is United States policy that a mass migration from Cuba would endanger the security of the United States by posing a disturbance or threatened disturbance of the international relations of the United States;

WHEREAS the United States continues to maintain an embargo with respect to Cuba;

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 unauthorized entry of United States-registered vessels into Cuban territorial waters is detrimental to the foreign policy of the United States, and counter to the purpose of Executive Order 12807 [8 U.S.C. 1182 note], which is to ensure, among other things, safe, orderly, and legal migration;

WHEREAS the possibility of large-scale unauthorized entries of United States-registered vessels would disturb the international relations of the United States by facilitating a possible mass migration of Cuban nationals;

NOW, THEREFORE, I, BARACK OBAMA, 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) [see 46 U.S.C. 70051], sections 201, 202, and 301 of the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, in order to modify the scope of the national emergency declared in Proclamations 6867 and 7757, and to secure the observance of the rights and obligations of the United States, hereby continue the national emergency with regard to Cuba as set forth above and 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. Accordingly, I hereby direct:

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 the extent consistent with international law, 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. 6. Any provisions of Proclamation 6867 of March 1, 1996, and expanded by Proclamation 7757 of February 26, 2004, 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-fourth day of February, in the year of our Lord two thousand sixteen, and of the Independence of the United States of America the two hundred and fortieth.

Barack Obama.

[Provisions of Proc. No. 9398 superseded to the extent of inconsistency with provisions of Proc. No. 9699, see Sec. 6 of Proc. No. 9699, set out below.]

Proc. No. 9699. Modifying and Continuing the National Emergency With Respect to Cuba and Continuing To Authorize the Regulation of the Anchorage and Movement of Vessels

Proc. No. 9699, Feb. 22, 2018, 83 F.R. 8161, provided:

In order to modify and continue the ongoing national emergency declared in Proclamation 6867 of March 1, 1996, expanded by Proclamation 7757 of February 26, 2004, and modified by Proclamation 9398 of February 24, 2016 [all set out above], in light of the need to continue the national emergency based on a disturbance or threatened disturbance of the international relations of the United States related to Cuba, and,

WHEREAS it is the policy of the United States that a mass migration from Cuba would endanger our security by posing a disturbance or threatened disturbance of the international relations of the United States;

WHEREAS the Cuban economy is in a relatively weak state, contributing to an outflow of its nationals toward the United States and neighboring countries;

WHEREAS the overarching objective of our policy is stability with our immediate neighboring countries and an outflow of Cuban nationals may have a destabilizing effect on the United States and its neighboring countries;

WHEREAS it is the policy of the United States to ensure that engagement between the United States and Cuba advances the interests of the United States and of the Cuban people as described in National Security Presidential Memorandum–5 of June 16, 2017 (Strengthening the Policy of the United States Toward Cuba) [not set out in the Code];

WHEREAS the United States continues to maintain an embargo with respect to Cuba;

WHEREAS the unauthorized entry of vessels subject to the jurisdiction of the United States into Cuban territorial waters is in violation of the law of the United States and contrary to the policy of the United States;

WHEREAS the unauthorized entry of United States-registered vessels into Cuban territorial waters is detrimental to the foreign policy of the United States and counter to the purpose of Executive Order 12807 of May 24, 1992 [8 U.S.C. 1182 note], which is to ensure, among other things, safe, orderly, and legal migration;

WHEREAS the possibility of large-scale unauthorized entries of United States-registered vessels into Cuban territorial waters would disturb the international relations of the United States by facilitating a possible mass migration of Cuban nationals;

NOW, THEREFORE, I, DONALD J. TRUMP, 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) [see 46 U.S.C. 70051], sections 201, 202, and 301 of the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, in order to modify the scope of the national emergency declared in Proclamations 6867, 7757, and 9398, and to secure the observance of the rights and obligations of the United States, hereby continue the national emergency declared in Proclamations 6867, 7757, and 9398, and 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 delegate to the Secretary my authority to approve such rules and regulations, as authorized by the Act of June 15, 1917. Accordingly, I hereby direct as follows:

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, that 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, thereby threatening a disturbance of international relations. A rule or regulation issued pursuant to this proclamation may be effective immediately upon issuance if it involves a foreign affairs function of the United States.

Sec. 2. The Secretary is authorized, to the extent consistent with international law, 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 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 the assistance requested.

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 consistent with applicable law.

Sec. 6. Any provisions of Proclamations 6867, 7757, or 9398 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-second day of February, in the year of our Lord two thousand eighteen, and of the Independence of the United States of America the two hundred and forty-second.

Donald J. Trump.

Proc. No. 10371. Declaration of National Emergency and Invocation of Emergency Authority Relating to the Regulation of the Anchorage and Movement of Russian-Affiliated Vessels to United States Ports

Proc. No. 10371, Apr. 21, 2022, 87 F.R. 24265, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Emergencies Act (50 U.S.C. 1601 et seq.) and section 1 of title II of Public Law 65–24, ch. 30, June 15, 1917, as amended (Magnuson Act) (46 U.S.C. 70051), I, JOSEPH R. BIDEN JR., President of the United States of America, hereby find and proclaim that:

The policies and actions of the Government of the Russian Federation to continue the premeditated, unjustified, unprovoked, and brutal war against Ukraine constitute a national emergency by reason of a disturbance or threatened disturbance of international relations of the United States. In order to address this national emergency and secure the observance of the rights and obligations of the United States, I hereby authorize the Secretary of Homeland Security (Secretary) to make and issue such rules and regulations as the Secretary may find appropriate to regulate the anchorage and movement of Russian-affiliated vessels, and delegate to the Secretary my authority to approve such rules and regulations, as authorized by the Magnuson Act.

Section 1. I hereby prohibit Russian-affiliated vessels from entering into United States ports.

Sec. 2. The prohibition of section 1 of this proclamation applies except:

(a) to Russian-affiliated vessels used in the transport of source material, special nuclear material, and nuclear byproduct material for which, and for such time as, the Secretary of Energy, in consultation with the Secretary of State and the Secretary of Commerce, determines that no viable source of supply is available that would not require transport by Russian-affiliated vessels; and

(b) to Russian-affiliated vessels requesting only to enter United States ports due to force majeure, solely to allow seafarers of any nationality to disembark or embark for purposes of conducting crew changes, emergency medical care, or for other humanitarian need.

Sec. 3. For the purposes of this proclamation:

(a) the term “Russian-affiliated vessels” means:

(i) vessels of Russian registry (i.e., the vessel is Russian flagged);

(ii) vessels that are Russian owned (i.e., the legal title of ownership of the vessel that appears on the ship’s registration documents is the Government of the Russian Federation or a Russian company, citizen, or permanent resident); or

(iii) vessels that are Russian operated (i.e., a Russian company, citizen, or permanent resident is responsible for the commercial decisions concerning the employment of a ship and decides how and where that asset is employed).

(b) the term “byproduct material” has the same meaning given to that term in section 11(e) of the Atomic Energy Act of 1954, as amended (AEA) (42 U.S.C. 2014(e)).

(d) the term “special nuclear material” has the same meaning given to that term in section 11(aa) of the AEA (42 U.S.C. 2014(aa)).

Sec. 4. The prohibition set forth in this proclamation shall be effective as of 12:01 a.m. eastern daylight time on April 28, 2022, and shall be immediately transmitted to the Congress and published in the Federal Register.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of April, in the year of our Lord two thousand twenty-two, and of the Independence of the United States of America the two hundred and forty-sixth.

J.R. Biden, Jr.

Continuation of National Emergency Declared by Proc. No. 10371

Notice of President of the United States, dated Apr. 15, 2025, 90 F.R. 16431, provided:

On April 21, 2022, by Proclamation 10371, the President declared a national emergency by reason of a disturbance or threatened disturbance of international relations of the United States and authorized the Secretary of Homeland Security to regulate the anchorage and movement of Russian-affiliated vessels, pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.) and section 1 of title II of Public Law 65–24, ch. 30, June 15, 1917, as amended (Magnuson Act) (46 U.S.C. 70051).

The policies and actions of the Government of the Russian Federation continue to constitute a national emergency by reason of a disturbance or threatened disturbance of international relations 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 for 1 year the national emergency with respect to the Russian Federation and the emergency authority relating to the regulation of the anchorage and movement of Russian-affiliated vessels to United States ports set out in Proclamation 10371.

This notice shall be published in the Federal Register and transmitted to the Congress.

Donald J. Trump.

Prior continuation of national emergency declared by Proc. No. 10371 was contained in the following:

Notice of President of the United States, dated Apr. 16, 2024, 89 F.R. 27649.

Credits

2018–2025 · 3 acts

2018Added Pub. L. 115–282, title IV, § 407(b)(5), Dec. 4, 2018, 132 Stat. 4267
2021amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(a)(10), Jan. 1, 2021, 134 Stat. 4753
2025Pub. L. 119–60, div. G, title LXXIII, § 7321(f), Dec. 18, 2025, 139 Stat. 1767.

Show as published

(Added Pub. L. 115–282, title IV, § 407(b)(5), Dec. 4, 2018, 132 Stat. 4267; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(a)(10), Jan. 1, 2021, 134 Stat. 4753; Pub. L. 119–60, div. G, title LXXIII, § 7321(f), Dec. 18, 2025, 139 Stat. 1767.)