have complete right of access to plants, data, and accounts. (Mar. 3, 1925, ch. 426, § 7, as added Sept. 13, 1960, Pub. L. 86-777, § 2, 74 Stat. 921.)

§ 167f. Condemnation proceedings.

(a) Proceedings for the condemnation of any property under section 167a of this title shall be instituted and maintained pursuant to the provisions of section 257 of Title 40, and sections 1358 and 1403 of Title 28, of the United States Code, or any other Federal statute applicable to the acquisition of real property of eminent domain. Sections 258a to 258f of Title 40 shall be applicable to any such proceedings. Wherever the words "real property", "realty", "land", "easement", "right-of-way", or words of similar meaning, are used in such code provisions or Acts relating to procedure, jurisdiction, and venue, they shall be deemed, for the purposes of this chapter, to include any personal property authorized to be acquired hereunder.

(b) In the event of disposal under section 167a (a) (4) of this title of any property acquired by eminent domain pursuant to this chapter, the former owner or successor in interest of the rights therein shall have the preferential right to reacquire such property on terms as favorable as those terms whereby disposition may be made under such section. (Mar. 3, 1925, ch. 426, § 8, as added Sept. 13. 1960, Pub. L. 86–777, § 2, 74 Stat. 922.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 167a of this title.

§ 167g. Promulgation of rules and regulations.

The Secretary is authorized to establish and promulgate such rules and regulations, as are consistent with the directions of this chapter and are necessary to carry out the provisions hereof. (Mar. 3, 1925, ch. 426, § 9, as added Sept. 13, 1960, Pub. L. 86-777, § 2, 74 Stat. 922.)

§ 167h. Administrative procedure.

(a) The provisions of the Administrative Procedure Act of June 11, 1946, as amended, shall apply to any agency proceeding and any agency action taken under this chapter, including the issuance of rules and regulations, and the terms "agency proceeding" and "agency action" shall have the meaning specified in the Administrative Procedure Act. (b) In any proceeding under this chapter for the granting, suspending, revoking, or amending of any license, or application to transfer control thereof, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licensees, the Secretary shall grant a hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to such proceeding. Any final order entered in any such proceeding shall be subject to judicial review in the manner prescribed in sections 1031 to 1042 of Title 5, and to the provisions of section 1009 of Title 5. (Mar. 3, 1925, ch. 426, § 10, as added Sept. 13, 1960, Pub. L. 86-777, § 2, 74 Stat. 922.)

REFERENCES IN TEXT

Administrative Procedure Act of June 11, 1946, as amended, referred to in subsec. (a), is classified to sections

551 et seq. and 701 et seq. of Title 5, Government Organization and Employees.

Sections 1031 to 1042 of Title 5, referred to in subsec. (b), were repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 632, in the general revision of Title 5 and are now covered by section 2341 et seq. of Title 28, Judiciary and Judicial Procedure.

Section 1009 of Title 5, referred to in subsec. (b), was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 632, in the general revision of Title 5 and is now covered by sections 701 to 706 of Title 5, Government Organization and Employees.

§ 1671. Exclusion from the Natural Gas Act.

The provisions of the Natural Gas Act of June 21, 1938, as amended, shall not be applicable to the sale, extraction, processing, transportation, or storage of helium either prior to or subsequent to the separation of such helium from the natural gas with which it is commingled, whether or not the provisions of such Act apply to such natural gas, and in determining the rates of a natural gas company under sections 717c and 717d of Title 15, whenever helium is extracted from helium-bearing natural gas, there shall be excluded (1) all income received from the sale of helium; (2) all direct costs incurred in the extraction, processing, compression, transportation or storage of helium; and (3) that portion of joint costs of exploration, production, gathering, extraction, processing, compression, transportation or storage divided and allocated to helium on a volumetric basis. (Mar. 3, 1925, ch. 426, § 11, as added Sept. 13, 1960, Pub. L. 86-777, § 2, 74 Stat. 922.)

REFERENCES IN TEXT

Natural Gas Act of June 21, 1938, as amended, referred to in the text, is classified to chapter 15B of Title 15, Commerce and Trade.

§ 167j. Loans and obligations.

(a) The Secretary is authorized to borrow annually from the Treasury and credit to the fund established under section 167d (f) of this title such amounts as may be authorized in the initial appropriation Act and which may be increased from time to time in appropriation Acts and as are necessary to carry out the provisions of this chapter and contractual obligations hereunder.

(b) For the purpose of this section the Secretary may issue to the Secretary of the Treasury notes, debentures, bonds, or other obligations to be redeemable at the option of the Secretary before maturity in such manner as may be stipulated in such obligations. The Secretary of the Treasury is authorized and directed to purchase any obligations issued by the Secretary under authority of this section and for such purpose the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as amended, and the purposes for which securities may be issued under the Second Liberty Bond Act, as amended, are extended to include any purchases of obligations of the Secretary hereunder. (Mar. 3, 1925, ch. 426, § 12, as added Sept. 13, 1960, Pub. L. 86-777, § 2, 74 Stat. 923.)

REFERENCES IN TEXT

The Second Liberty Bond Act, as amended, referred to in subsec. (b), is Sept. 24, 1917, ch. 56, 40 Stat. 288, as amended, which was classified to section 745, former section 747, sections 752, 752a, 753, 754, 754a, 754b, 757, 757b,

and 757c, former section 757c-1, and sections 757c-2, 757c3, 757d, 757e, 758, 760, 764, 765, 766, 771, 773, 774, and 801 of Title 31, Money and Finance.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 167d of this title.

§ 167k. Violations; penalties.

Whoever willfully violates, attempts to violate, or conspires to violate, any provision of this chapter or any regulation or order issued or any terms of a license granted thereunder shall, upon conviction thereof, be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both, except that whoever commits such an offense with intent to injure the United States or with intent to secure an advantage to any foreign nation, shall upon conviction thereof, be punished by a fine of not more than $20,000 or by imprisonment for not more than twenty years, or both. (Mar. 3, 1925, ch. 426, § 13, as added Sept. 13, 1960, Pub. L. 86-777, § 2, 74 Stat. 923.)

§ 1671. Injunctions.

Whenever in the judgment of the Secretary any person has engaged or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of this chapter, or any regulation or order issued or any term of a license granted thereunder, any such act or practice may be enjoined by any district court having jurisdiction of such person, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States. (Mar. 3, 1925, ch. 426, § 14, as added Sept. 13, 1960, Pub. L. 86-777, § 2, 74 Stat. 923.)

§ 167m. Individual enterprise in developing helium. It is the sense of the Congress that it is in the national interest to foster and encourage individual enterprise in the development and distribution of supplies of helium, and at the same time provide, within economic limits, through the administration of this chapter, a sustained supply of helium which, together with supplies available or expected to become available otherwise, will be sufficient to provide for essential Government activities. (Mar. 3, 1925, ch. 426, § 15, as added Sept. 13, 1960, Pub. L. 86-777, § 2.74 Stat. 923.)

SS 171, 171-1. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section 171, acts Aug. 18, 1890, ch. 797, § 1, 26 Stat. 316; July 2, 1917, ch. 35, 40 Stat. 241; Apr. 11, 1918, ch. 51, 40 Stat. 518, authorized the Secretary of War to institute condemnation proceedings for the acquisition of land, to purchase land, and to accept donations of land, and is now covered by section 2663 of Title 10, Armed Forces. Section 171-1, act Oct. 25, 1951, ch. 563, § 101, 65 Stat. 641, granted certain condemnation authority to the Secretary of the Navy, and is now covered by sections 2663 and 2668 of Title 10, Armed Forces.

§ 171a. Same; real property for war purposes.

CODIFICATION

Section, act July 2, 1917, ch. 35, § 2, as added Mar. 27, 1942, 3 p. m., E. W. T., ch. 199, title II, § 201, 56 Stat. 177, terminated on Dec. 28, 1945 by act Mar. 27, 1942, 3 p. m., E. W. T., ch. 199, title II, § 202, as added Dec. 28, 1945, ch. 590, § 1 (a), 59 Stat. 658, formerly set out as section 632a of Appendix to this title.

§ 171b. Repealed. Pub. L. 85-861, § 36A, Sept. 2, 1958, 72 Stat. 1570.

Section, acts Aug. 3, 1956, ch. 939, title IV, § 406, 70 Stat. 1015; Aug. 20, 1958, Pub. L. 85-685, title V, § 510, 72 Stat. 662, related to acquisition of land not exceeding $5,000 in cost, and is now covered by section 2672 of Title 10, Armed Forces.

S$ 172, 173. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section 172, act July 9, 1918, ch. 143, subch. XV § 8, 40 Stat. 888, related to acquisition of property for production of lumber, and is now covered by sections 2664 and 2665 of Title 10, Armed Forces.

Section 173, act Apr. 28, 1904, ch. 1762, § 1, 33 Stat. 497, related to purchase of land for quarters and barracks in addition to sites for fortifications.

§ 174. Expenditures and contracts for payments in excess of appropriation.

CODIFICATION

Section, act Aug. 18, 1890, ch. 797, § 1, 26 Stat. 316, provided that nothing contained in former section 171 of this title should be construed to authorize an expenditure or involve the Government in any contract for future payment of money in excess of sums appropriated therefor.

§ 175. Opinion of Attorney General as to validity of title; acquisition by United States of jurisdiction over lands.

Unless the Attorney General gives prior written approval of the sufficiency of the title to land for the purpose for which the property is being acquired by the United States, public money may not be expended for the purchase of the land or any interest therein.

The Attorney General may delegate his responsibility under this section to other departments and agencies, subject to his general supervision and in accordance with regulations promulgated by him.

Any Federal department or agency which has been delegated the responsibility to approve land titles under this section may request the Attorney General to render his opinion as to the validity of the title to any real property or interest therein, or may request the advice or assistance of the Attorney General in connection with determinations as to the sufficiency of titles.

Except where otherwise authorized by law or provided by contract, the expenses of procuring certificates of title or other evidences of title as the Attorney General may require may be paid out of the

appropriations for the acquisition of land or out of the appropriations made for the contingencies of the acquiring department or agency.

The foregoing provisions of this section shall not be construed to affect in any manner any existing provisions of law which are applicable to the acquisition of lands or interests in land by the Tennessee Valley Authority.

Notwithstanding any other provision of law, the obtaining of exclusive jurisdiction in the United States over lands or interests therein which have been or shall hereafter be acquired by it shall not be required; but the head or other authorized officer of any department or independent establishment or agency of the Government may, in such cases and at such times as he may deem desirable, accept or secure from the State in which any lands or interests therein under his immediate jurisdiction, custody, or control are situated, consent to or cession of such jurisdiction, exclusive or partial, not theretofore obtained, over any such lands or interests as he may deem desirable and indicate acceptance of such jurisdiction on behalf of the United States by filing a notice of such acceptance with the Governor of such State or in such other manner as may be prescribed by the laws of the State where such lands are situated. Unless and until the United States has accepted jurisdiction over lands hereafter to be acquired as aforesaid, it shall be conclusively presumed that no such jurisdiction has been accepted. (R. S § 355; June 28, 1930, ch. 710, 46 Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54 Stat 1083; Sept. 1, 1970, Pub. L. 91-393, § 1, 84 Stat. 835.)

DERIVATION

Res. Sept. 11, 1841, No. 6, 5 Stat. 468.

CODIFICATION

Section is also set out as section 733 of Title 33, Navigation and Navigable Waters, and as section 255 of Title 40, Public Buildings, Property and Works.

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

AMENDMENTS

1970-Pub. L. 91-393 substituted provisions requiring the Attorney General to give written approval of the sufficiency of title prior to the purchase of lands or interest therein, empowering the Attorney General to delegate his responsibilities, authorizing Federal departments and agencies which have been delegated the responsibility to approve land titles to request opinions, advice or assistance of the Attorney General, and permitting the payment from appropriations of the expenses of procuring certificates or other evidences of title, for provisions which prohibited expenditures of public money upon any site or land purchased by the United States until the Attorney General gave his written opinion in favor of the validity of title, permitted acceptance of title subject to infirmities if the Attorney General approved, authorized the Attorney General to approve title to easements or rightsof-way, and which made certain exceptions from the provisions of this section.

1940-Act Oct. 9, 1940, amended section generally. Act Feb. 1, 1940, omitted provision that no expenditures shall be made for purchases until the consent of the

State has been given and added provisions that exclusive jurisdiction is not required and for acceptance of jurisdiction from State.

1930-Act June 28, 1930, authorized Attorney General to base his opinion in favor of validity of title upon certificate of title of a title company.

CROSS REFERENCES

Acquisition of land and interests therein without compliance with this section, see sections 767 and 771 of Appendix to this title.

Docks, etc. on Hudson River, inapplicability, see section 176 of this title.

Erection of forts in emergency, inapplicability, see sections 4776 and 9776 of Title 10, Armed Forces.

Provisions as applicable to purchase contract agreements, see section 356(j) of Title 40, Public Buildings, Property and Works.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 176 of this title; title 16 section 343b; title 40 section 356; title 42 section 1502.

§ 176. Expenditures on docks, etc., on Hudson River; section 175 inapplicable.

Section 175 of this title shall not apply to any expenditures authorized in connection with the docks, piers, warehouses, wharves, and terminal equipment and facilities on the Hudson River formerly owned by the North German Lloyd Dock Company and the Hamburg-American Line Terminal and Navigation Company. (Mar. 28, 1918, ch. 28, § 1, 40 Stat. 460.)

CODIFICATION

The President having by proclamation dated June 28, 1918, taken possession of the property of the North German Lloyd Dock Company and the Hamburg-American Line Terminal & Navigation Company, a provision omitted authorizing the acquisition was herein as executed.

§§ 177 to 179. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat 641.

Section 177, act June 25, 1906, ch. 3540, 34 Stat. 463, related to contracts for the construction of fortifications and other works of defense.

Section 178, act Apr. 11, 1898, No. 21, 30 Stat. 737, provided for erection of forts in emergency, and is now covered by sections 4776 and 9776 of Title 10, Armed Forces.

Section 179, act June 30, 1921, ch. 33, § 1, 42 Stat. 81, related to chargeability of appropriations with respect to transportation cost incident to construction and maintenance of seacoast fortifications.

CROSS REFERENCES Definition of "Foreign government", see section 11 of Title 18, Crimes and Criminal Procedure.

Jurisdiction of United States District Court for the Canal Zone of offenses against the laws of the United States committed on the high seas, see section 3241 of Title 18, Crimes and Criminal Procedure.

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

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, the Secretary of the Treasury 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.

Within the territory and waters of the Canal Zone the Governor of the Canal Zone, with the approval of the President, shall exercise all the powers conferred by this section on the Secretary of the Treasury.

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 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, the Canal Zone, and all territory and water, continental or insular, subject to the jurisdiction of the United States.

Any appropriation available to any of the Executive Departments shall be available to carry out the

47-500 0-71-Vol. 11- 4

The Governor of the Panama Canal was redesignated Governor of the Canal Zone by act Sept. 26, 1950. TERMINATION DATE OF 1950 AMENDMENT

Section 4 of act Aug. 9, 1950, provided that the amendments of this section and sections 192 (a) and 194 of this title by said act Aug. 9, 1950, should expire on such date as Congress by concurrent resolution may specify. TERMINATION OF WAR AND EMERGENCIES

Joint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of this section, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on September 8, 1939, and May 27, 1941.

SEPARABILITY OF PROVISIONS

Section 4 of title XIII of act June 15, 1917, provided: "If any clause, sentence, paragraph, or part of this chapter or of chapter 12 of this title shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered." Provisions of that act are now contained in sections 191, 192, 194 of this title and in sections 213, 401-408, 462, 465 of title 22. Repealed provisions of that act were contained in former sections 31-39, 41, and 193 of this title and certain former sections of titles 18 and 22.

APPROVAL OF THE PRESIDENT

Power of the Secretary of the Treasury to perform, without the approval, ratification, or other action of the President, the functions vested in him by this section, see Ex. Ord. No. 10289, September 17, 1951, 16 F. R. 9499, set out as a note under section 301 of Title 3, The President.

REGULATIONS-POST-WAR GENERALLY

For regulations relating to safeguarding of vessels, harbors, ports, and waterfront facilities, under a finding that the security of the United States is endangered by reason of subversive activity, see Ex. Ord. No. 10173, Oct. 20, 1950, 15 F. R. 7005.

REGULATIONS-CANAL ZONE

For regulations relating to the safeguarding of vessels, harbors, ports, and waterfront facilities in the Canal Zone, see Ex. Ord. No. 10226, Mar. 23, 1951, 16 F. R. 2673. REGULATIONS-WORLD WAR II

Proc. No. 2732, June 2, 1947, 12 F. R. 3583, revoked Proc. No. 2412, June 27, 1940, 5 F. R. 2419, 54 Stat. 2711, which granted consent of President to the exercise of certain powers under this section by the Secretary of the Treasury and the Governor of the Canal Zone.

REGULATIONS-WORLD WAR I

A proclamation was issued under this section on December 3, 1917.

DELEGATION OF FUNCTIONS

For delegation to the Secretary of the Treasury of authority vested in the President by this section, see section

1(r) of Ex. Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, set out as a note under section 301 of Title 3, The President.

CROSS REFERENCES

Authority conferred by second paragraph of this section not affected by sections 191a and 191b of this title, see section 191b of this title.

Carrying or possessing explosives or dangerous weapons on vessels seized, forfeited, or upon which guard has been placed under this chapter, see section 2277 of Title 18, Crimes and Criminal Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 191a of this title; title 42 section 267.

§ 191a. Same; transfer of Secretary of Treasury's powers to Secretary of Navy when Coast Guard operates as part of Navy.

When the Coast Guard operates as a part of the Navy pursuant to section 3 of Title 14, the powers conferred on the Secretary of the Treasury by section 191 of this title, shall vest in and be exercised by the Secretary of the Navy. (Nov. 15, 1941, ch. 471, § 2, 55 Stat. 763; Oct. 18, 1962, Pub. L. 87-845, § 11, 76A Stat. 699.)

AMENDMENTS

1962-Pub. L. 87-845 substituted "section 3 of title 14" for "section 1 of title 14."

EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-845 effective Jan. 2, 1963, see note set out under section 14 of Title 18, Crimes and Criminal Procedure.

TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation and all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (b) of Title 49, Transportation.

Functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under section 3 of Title 14, Coast Guard, were excepted from the transfer of functions of officers, agencies, and employees of the Department of the Treasury to the Secretary of the Treasury, made by 1950 Reorg. Plan No. 26, § 1, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 191b of this title.

§ 191b. Canal Zone laws unaffected.

Sections 191a and 191b of this title and section 91 of Title 14 do not affect the authority conferred upon the Governor of the Canal Zone by the second paragraph of section 191 of this title, notwithstanding the provisions of section 191a of this title; nor do they affect the powers and authority conferred by section 34 of Title 2, Canal Zone Code. Nov. 15, 1941, ch. 471, § 4, 55 Stat. 763; Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038; Oct. 18, 1962, Pub. L. 87-845, § 12, 76A Stat. 699.)

AMENDMENTS

1962-Pub. L. 87-845 substituted references to section 91 of Title 14 and section 34 of Title 2, Canal Zone Code, for references to section 48a of Title 14 and section 8 of Title 2, Canal Zone Code, respectively.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment of section by Pub. L. 87-845 effective Jan. 2, 1963, see note set out under section 14 of Title 18,

CHANGE OF NAME

The Governor of the Panama Canal was redesignated Governor of the Canal Zone by act Sept. 26, 1950, formerly set out as section 1305-1 of Title 48, Territories and Insular Possessions.

§ 191c. Repealed. Aug. 4, 1949, ch. 393, § 20, 63 Stat. 561.

Section, act Nov. 15, 1941, ch. 471, § 1, 55 Stat. 763, related to control of anchorage and movement of vessels to insure safety of naval vessels, and is now covered by section 91 of Title 14, Coast Guard.

§ 192. Seizure and forfeiture of vessel; fine and imprisonment.

If any owner, agent, master, officer, or person in charge, or any member of the crew of any such vessel fails to comply with any regulation or rule issued or order given under the provisions of this chapter, or obstructs or interferes with the exercise of any power conferred by this chapter, the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and forfeiture to the United States in the same manner as merchandise is forfeited for violation of the customs revenue laws; and the person guilty of such failure, obstruction, or interference shall be punished by imprisonment for not more than ten years and may, in the discretion of the court. be fined not more than $10,000.

(a) If any other person knowingly fails to comply with any regulation or rule issued or order given under the provisions of this chapter, or knowingly obstructs or interferes with the exercise of any power conferred by this chapter, he shall be punished by imprisonment for not more than ten years and may, at the discretion of the court, be fined not more than $10,000. (June 15, 1917, ch. 30, title II, § 2, 40 Stat. 220; Mar. 28, 1940, ch. 72, § 3 (a), 54 Stat. 79; Nov. 15, 1941, ch. 471, § 3, 55 Stat. 763; Aug. 9, 1950, ch. 656, § 3, 64 Stat. 428.)

REFERENCES IN TEXT

In the original "this chapter" referred to title II of act June 17, 1917 which was set out as sections 191, 192, 193, and 194 of this title. Section 193 has been repealed and is now covered by section 2274 of Title 18, Crimes and Criminal Procedure.

AMENDMENTS

1950 Subsec. (a). Act Aug. 9, 1950, added subsec. (a). 1941-Act Nov. 15, 1941, struck out "by the Secretary of the Treasury or the Governor of the Panama Canal” preceding "under the provisions of this chapter". 1940-Act Mar. 28, 1940, increased term of imprison

ment.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42, section 267.

§ 193. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948.

Section, acts June 15, 1917, ch. 30, title II, § 3, 40 Stat. 220; Mar. 28, 1940, ch. 72, § 3 (b), 54 Stat. 79, related to destruction of, injury to, or improper use of vessels, and is now covered by section 2274 of Title 18, Crimes and Criminal Procedure.

§ 194. Enforcement of chapter.

The President may employ such departments, agencies, officers, or instrumentalities of the United States as he may deem necessary to carry out the purpose of this chapter. (June 15, 1917, ch. 30. title II, § 4, 40 Stat. 220; Aug. 9, 1950, ch. 656, § 2,