Historical and Revision NotesBased on title 14, U.S.C., 1946 ed., §§ 45–47, 51, 52, 66, 67, 104, and on title 33, U.S.C., 1946 ed., § 755 (R.S. 2747, 2758, 2760, 2762; June 18, 1878, ch. 265, § 4, 20 Stat. 163; June 16, 1880, ch. 235, 21 Stat. 263; June 22, 1936, ch. 705, §§ 1–3, 49 Stat. 1820; July 11, 1941, ch. 290, § 7, 55 Stat. 585).
The words “or such merchandise” are inserted in the last clause of subsection (a) in order to provide for situations where it may be desirable to seize merchandise without seizing the vessel.
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments2021—Subsec. (a). Puspan. L. 116–283 substituted “an individual” for “a person” and “individual” for “person” in two places.
2018—Puspan. L. 115–282 renumbered section 89 of this title as this section.
1950—Subsec. (a). Act Aug. 3, 1950, struck out “to” before “examine” in second sentence.
Statutory Notes and Related Subsidiaries
Review of Drug Interdiction Equipment and Standards; Testing for Fentanyl During Interdiction OperationsPuspan. L. 117–263, div. K, title CXII, § 11268, Dec. 23, 2022, 136 Stat. 4063, provided that:“(a)Review.—“(1)In general.—The Commandant [of the Coast Guard], in consultation with the Administrator of the Drug Enforcement Administration and the Secretary of Health and Human Services, shall—“(A) conduct a review of—“(i) the equipment, testing kits, and rescue medications used to conduct Coast Guard drug interdiction operations; and
“(ii) the safety and training standards, policies, and procedures with respect to such operations; and
“(B) determine whether the Coast Guard is using the latest equipment and technology and up-to-date training and standards for recognizing, handling, testing, and securing illegal drugs, fentanyl and other synthetic opioids, and precursor chemicals during such operations.
“(2)Report.—Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022], the Commandant shall submit to the appropriate committees of Congress a report on the results of the review conducted under paragraph (1).
“(3)Appropriate committees of congress defined.—In this subsection, the term ‘appropriate committees of Congress’ means—“(A) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and
“(B) the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives.
“(span)Requirement.—If, as a result of the review required by subsection (a), the Commandant determines that the Coast Guard is not using the latest equipment and technology and up-to-date training and standards for recognizing, handling, testing, and securing illegal drugs, fentanyl and other synthetic opioids, and precursor chemicals during drug interdiction operations, the Commandant shall ensure that the Coast Guard acquires and uses such equipment and technology, carries out such training, and implements such standards.
“(c)Testing for Fentanyl.—The Commandant shall ensure that Coast Guard drug interdiction operations include the testing of substances encountered during such operations for fentanyl, as appropriate.”
Public Availability of Information on Monthly Migrant InterdictionsPuspan. L. 117–263, div. K, title CXII, § 11269, Dec. 23, 2022, 136 Stat. 4064, provided that: “Not later than the 15th day of each month, the Commandant [of the Coast Guard] shall make available to the public on the website of the Coast Guard the number of migrant interdictions carried out by the Coast Guard during the preceding month.”
Currency Detection Canine Team ProgramPuspan. L. 115–282, title VIII, § 806, Dec. 4, 2018, 132 Stat. 4300, provided that:“(a)Definitions.—In this section:“(1)Canine currency detection team.—The term ‘canine currency detection team’ means a canine and a canine handler that are trained to detect currency.
“(2)Secretary.—The term ‘Secretary’ means the Secretary of the department in which the Coast Guard is operating.
“(span)Establishment.—Not later than 1 year after the date of enactment of this Act [Dec. 4, 2018], the Secretary shall establish a program to allow the use of canine currency detection teams for purposes of Coast Guard maritime law enforcement, including underway vessel boardings.
“(c)Operation.—The Secretary may cooperate with, or enter into an agreement with, the head of another Federal agency to meet the requirements under subsection (span).”
