Page:United States Statutes at Large Volume 118.djvu/1108

 118 STAT. 1078 PUBLIC LAW 108–293—AUG. 9, 2004 TITLE VIII—MARITIME TRANSPORTATION SECURITY SEC. 801. ENFORCEMENT. (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 enforce ment 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.’’. (b) CLERICAL AMENDMENT.—The chapter analysis at the begin ning of chapter 701 of title 46, United States Code, is amended by adding at the end the following: ‘‘70118. Enforcement. ‘‘70119. Enforcement by State and local officers.’’. SEC. 802. IN REM LIABILITY FOR CIVIL PENALTIES AND COSTS. (a) AMENDMENTS TO TITLE 46, UNITED STATES CODE.—Chapter 701 of title 46, United States Code, is amended— (1) by redesignating section 70117 as 70119; and (2) by inserting after section 70116 the following: ‘‘§ 70117. In rem liability for civil penalties and certain costs ‘‘(a) CIVIL PENALTIES.—Any vessel operated in violation of this chapter or any regulations prescribed under this chapter shall be liable in rem for any civil penalty assessed pursuant to section 70120 for such violation, and may be proceeded against for such

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