§ 70118. Enforcement by State and local officers

Legislative history

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

1. 2004

   Pub. L. 108–293 title VIII § 801(a) · 118 Stat. 1028

   Enacted · 46 U.S.C. § 70118

   Added Pub. L. 108–293, title VIII, § 801(a), Aug. 9, 2004, 118 Stat. 1078, § 70119

   Source evidence

   Code source credit
   Added Pub. L. 108–293, title VIII, § 801(a), Aug. 9, 2004, 118 Stat. 1078, § 70119

   Enacted provision · exact public law section
   (a) In General.— Chapter 701 of title 46, United States Code, is amended by adding at the end the following: “§ 70118. Firearms, arrests, and seizure of property   “Subject to guidelines approved by the Secretary, members of the Coast Guard may, in the performance of official duties— “(1) carry a firearm; and “(2) while at a facility— “(A) make an arrest without warrant for any offense against the United States committed in their presence; and “(B) seize property as otherwise provided by law. “§ 70119. Enforcement by State and local officers “(a) In General.— Any State or local government law enforcement officer who has authority to enforce State criminal laws may make an arrest for violation of a security zone regulation prescribed under section 1 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 191) or security or safety zone regulation under section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b)) or a safety zone regulation prescribed under section 10(d) of the Deepwater Port Act of 1974 (33 U.S.C. 1509(d)) by a Coast Guard official authorized by law to prescribe such regulations, if— “(1) such violation is a felony; and “(2) the officer has reasonable grounds to believe that the person to be arrested has committed or is committing such violation. “(b) Other Powers not Affected.— The provisions of this section are in addition to any power conferred by law to such officers. This section shall not be construed as a limitation of any power conferred by law to such officers, or any other officer of the United States or any State. This section does not grant to such officers any powers not authorized by the law of the State in which those officers are employed.” .

2. 2006

   Coast Guard and Maritime Transportation Act of 2006

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

   Added · 46 U.S.C. § 70118

   Pub. L. 109–241 renumbered section 70119 of this title, as added by Pub. L. 108–293, § 801(a), as this section

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–241 renumbered section 70119 of this title, as added by Pub. L. 108–293, § 801(a), as this section.

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

3. 2006

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

   Repealed · 46 U.S.C. § 70118

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

   Source evidence

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

   Enacted provision · exact public law section
   (A) Sections 70118 and 70119, as added by section 801(a) of the Coast Guard and Maritime Transportation Act of 2004 (Public Law 108–293, 118 Stat. 1078), are redesignated as sections 70117 and 70118, respectively, and moved to appear immediately after section 70116 of title 46, United States Code.

4. 2008

   National Defense Authorization Act for Fiscal Year 2008

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

   Repealed · 46 U.S.C. § 70118

   Pub. L. 110–181 repealed Pub. L. 109–304, § 15(33)(A). See 2006 Amendment note below

   Source evidence

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

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

5. 2025

   Pub. L. 119–60 div. G title LXXVII § 7701(c) · 139 Stat. 1835

   1. Substituted · 46 U.S.C. § 70118(a)

      Pub. L. 119–60 substituted “section 70051” for “section 1 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 191)”

   2. Substituted · 46 U.S.C. § 70118(a)

      Pub. L. 119–60 substituted “section 70116(b)” for “section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b))”

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 119–60 substituted “section 70051” for “section 1 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 191)” and “section 70116(b)” for “section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b))”.

4 of 6 references resolved to an enrolled provision · 2 unresolved