-CITE-

50 USC CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF

UNITED STATES 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES

-HEAD-

CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES

-MISC1-

Sec.

191. Regulation of anchorage and movement of vessels during

national emergency.

191a. Transfer of Secretary of Transportation's powers to

Secretary of Navy when Coast Guard operates as part

of Navy.

191b, 191c. Repealed.

192. Seizure and forfeiture of vessel; fine and

imprisonment.

(a) In general.

(b) Application to others.

(c) Civil penalty.

193. Repealed.

194. Enforcement provisions.

195. Definitions.

196. Emergency foreign vessel acquisition; purchase or

requisition of vessels lying idle in United States

waters.

197. Voluntary purchase or charter agreements.

198. Requisitioned vessels.

(a) Documentation of vessels.

(b) Waiver of compliance.

(c) Coastwise trade; inspection.

(d) Reconditioning of vessels.

(e) Effective period.

(f) "Documented" defined.

-End-

-CITE-

50 USC Sec. 191 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES

-HEAD-

Sec. 191. Regulation of anchorage and movement of vessels during

national emergency

-STATUTE-

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

Transportation 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 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.

Any appropriation available to any of the Executive Departments

shall be available to carry out the provisions of this title.(!1)

-SOURCE-

(June 15, 1917, ch. 30, title II, Sec. 1, 40 Stat. 220; Aug. 9,

1950, ch. 656, Sec. 1, 64 Stat. 427; Sept. 26, 1950, ch. 1049, Sec.

2(b), 64 Stat. 1038; Pub. L. 89-670, Sec. 6(b)(1), Oct. 15, 1966,

80 Stat. 938; Pub. L. 96-70, title III, Sec. 3302(a), Sept. 27,

1979, 93 Stat. 498; Pub. L. 104-208, div. C, title VI, Sec. 649,

Sept. 30, 1996, 110 Stat. 3009-711.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in text, means title II of act June 15,

1917, ch. 30, 40 Stat. 220, as amended, which enacted sections 191

and 192 to 194 of this title. For complete classification of title

II to the Code, see Tables.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-208, in first par., inserted "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," after "international relations of the United

States,".

1979 - Pub. L. 96-70 struck out second par., providing that

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, and in cl. (b) of third par., struck out "the Canal

Zone," after "facilities in the United States,".

1950 - Act Sept. 26, 1950, substituted "Governor of the Canal

Zone" for "Governor of the Panama Canal" in second par.

Act Aug. 9, 1950, authorized the President to institute such

rules and regulations to control anchorage and movement of

foreign-flag vessels in United States waters when the national

security is endangered.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section

3304 of Pub. L. 96-70, set out as an Effective Date note under

section 3601 of Title 22, Foreign Relations and Intercourse.

TERMINATION DATE OF 1950 AMENDMENT

Section 4 of act Aug. 9, 1950, provided that: "The provisions of

this Act [amending this section and sections 192 and 194 of this

title] shall expire on such date as may be specified by concurrent

resolution of the two Houses of Congress."

TERMINATION OF WAR AND EMERGENCIES

Act July 25, 1947, ch. 327, Sec. 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 Sept. 8, 1939, and May 27, 1941.

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. 18, 1950, 15 F.R. 7005.

REGULATIONS - WORLD WAR II

Proc. No. 2732, June 2, 1947, 12 F.R. 3583, 61 Stat. 1069,

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.

SEPARABILITY

Section 4 of title XIII of act June 15, 1917, provided: "If any

clause, sentence, paragraph, or part of this Act [see Tables for

classification] 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."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

"Secretary of Transportation" substituted for "Secretary of the

Treasury" in first paragraph of text pursuant to section 6(b)(1) of

Pub. L. 89-670, which transferred Coast Guard to Department of

Transportation and transferred to and vested in Secretary of

Transportation functions, powers, and duties, relating to Coast

Guard, of Secretary of the Treasury and of other officers and

offices of Department of the Treasury. See section 108 of Title 49,

Transportation.

DELEGATION OF FUNCTIONS

For delegation to Secretary of the Treasury of authority vested

in President by this section, see section 2(e) of Ex. Ord. No.

10289, Sept. 17, 1951, 16 F.R. 9499, as amended, set out as a note

under section 301 of Title 3, The President.

-EXEC-

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), 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.

CONTINUATION OF NATIONAL EMERGENCY DECLARED BY PROC. NO. 6867

Notice of President of the United States, dated Feb. 27, 2003, 68

F.R. 9849, provided:

On March 1, 1996, by Proclamation 6867 [set out above], President

Clinton declared a national emergency to address the disturbance or

threatened disturbance of international relations caused by the

February 24, 1996, destruction by the Government of Cuba of two

unarmed U.S.-registered civilian aircraft in international airspace

north of Cuba. In July 1996 and on subsequent occasions, the

Government of Cuba stated its intent to forcefully defend its

sovereignty against any U.S.-registered vessels or aircraft that

might enter Cuban territorial waters or airspace while involved in

a flotilla and peaceful protest. Since these events, the Government

of Cuba has not demonstrated that it will refrain from the future

use of reckless and excessive force against U.S. vessels or

aircraft that may engage in memorial activities or peaceful protest

north of Cuba. 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.

This notice shall be published in the Federal Register and

transmitted to the Congress.

George W. Bush.

Prior continuations of national emergency declared by Proc. No.

6867 were contained in the following:

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

18 section 2277; title 42 section 267.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 191a 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES

-HEAD-

Sec. 191a. Transfer of Secretary of Transportation's powers to

Secretary of Navy when Coast Guard operates as part of Navy

-STATUTE-

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

Transportation by section 191 of this title, shall vest in and be

exercised by the Secretary of the Navy.

-SOURCE-

(Nov. 15, 1941, ch. 471, Sec. 2, 55 Stat. 763; Pub. L. 87-845, Sec.

11, Oct. 18, 1962, 76A Stat. 699; Pub. L. 89-670, Sec. 6(b)(1),

Oct. 15, 1966, 80 Stat. 938.)

-MISC1-

AMENDMENTS

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

"section 1 of title 14".

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-845 effective Jan. 2, 1963, see section

25 of Pub. L. 87-845, set out as a note under section 414 of Title

28, Judiciary and Judicial Procedure.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

"Secretary of Transportation" substituted in text for "Secretary

of the Treasury" pursuant to section 6(b)(1) of Pub. L. 89-670,

which transferred Coast Guard to Department of Transportation and

transferred to and vested in Secretary of Transportation functions,

powers, and duties, relating to Coast Guard, of Secretary of the

Treasury and of other officers and offices of Department of the

Treasury. See section 108 of Title 49, Transportation.

-End-

-CITE-

50 USC Sec. 191b 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES

-HEAD-

Sec. 191b. Repealed. Pub. L. 96-70, title III, Sec. 3303(a)(5),

Sept. 27, 1979, 93 Stat. 499

-MISC1-

Section, acts Nov. 15, 1941, ch. 471, Sec. 4, 55 Stat. 763; Sept.

26, 1950, ch. 1049, Sec. 2(b), 64 Stat. 1038; Oct. 18, 1962, Pub.

L. 87-845, Sec. 12, 76A Stat. 699, provided that this section,

section 191a of this title, and section 91 of title 14 not affect

the authority of the Governor of the Canal Zone conferred by

section 191 of this title or section 34 of Title 2, Canal Zone

Code.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1979, see section 3304 of Pub. L. 96-70,

set out as an Effective Date note under section 3601 of Title 22,

Foreign Relations and Intercourse.

-End-

-CITE-

50 USC Sec. 191c 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES

-HEAD-

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

-MISC1-

Section, act Nov. 15, 1941, ch. 471, Sec. 1, 55 Stat. 763,

related to control of anchorage and movement of vessels to insure

safety of naval vessels. See section 91 of Title 14, Coast Guard.

-End-

-CITE-

50 USC Sec. 192 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES

-HEAD-

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

-STATUTE-

(a) In general

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 title,(!1) or obstructs or interferes with the exercise of any

power conferred by this title,(!1) 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.

(b) Application to others

If any other person knowingly fails to comply with any regulation

or rule issued or order given under the provisions of this

title,(!1) or knowingly obstructs or interferes with the exercise

of any power conferred by this title,(!1) 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.

(c) Civil penalty

A person violating this Act, or a regulation prescribed under

this Act, shall be liable to the United States Government for a

civil penalty of not more than $25,000 for each violation. Each day

of a continuing violation shall constitute a separate violation.

-SOURCE-

(June 15, 1917, ch. 30, title II, Sec. 2, 40 Stat. 220; Mar. 28,

1940, ch. 72, Sec. 3(a), 54 Stat. 79; Nov. 15, 1941, ch. 471, Sec.

3, 55 Stat. 763; Aug. 9, 1950, ch. 656, Sec. 3, 64 Stat. 428; Pub.

L. 107-295, title I, Sec. 104(b), Nov. 25, 2002, 116 Stat. 2085.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in subsecs. (a) and (b), means title II

of act June 15, 1917, ch. 30, 40 Stat. 220, as amended, which

enacted sections 191 and 192 to 194 of this title. For complete

classification of title II to the Code, see Tables.

This Act, referred to in subsec. (c), means act June 15, 1917,

ch. 30, 40 Stat. 217, as amended. For complete classification of

this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-295 inserted subsec. headings, designated

first par. as subsec. (a), redesignated former subsec. (a) as (b),

and added subsec. (c).

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" before "under the

provisions of this title".

1940 - Act Mar. 28, 1940, increased term of imprisonment.

TERMINATION DATE OF 1950 AMENDMENT

For termination of amendment by act Aug. 9, 1950, see section 4

of act Aug. 9, 1950, set out as a note under section 191 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 267.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 193 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES

-HEAD-

Sec. 193. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862

-MISC1-

Section, acts June 15, 1917, ch. 30, title II, Sec. 3, 40 Stat.

220; Mar. 28, 1940, ch. 72, Sec. 3(b), 54 Stat. 79, related to

destruction of, injury to, or improper use of vessels. See section

2274 of Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 1, 1948, see section 38 of act June 25,

1948, set out as an Effective Date note preceding section 1 of

Title 28, Judiciary and Judicial Procedure.

-End-

-CITE-

50 USC Sec. 194 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES

-HEAD-

Sec. 194. Enforcement provisions

-STATUTE-

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 title.(!1)

-SOURCE-

(June 15, 1917, ch. 30, title II, Sec. 4, 40 Stat. 220; Aug. 9,

1950, ch. 656, Sec. 2, 64 Stat. 428.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in text, means title II of act June 15,

1917, ch. 30, 40 Stat. 220, as amended, which enacted sections 191

and 192 to 194 of this title. For complete classification of this

Act to the Code, see Tables.

-MISC1-

AMENDMENTS

1950 - Act Aug. 9, 1950, authorized President to employ such

departments, agencies, etc., as he may deem necessary to carry out

title II of act June 15, 1917.

TERMINATION DATE OF 1950 AMENDMENT

For termination of amendment by act Aug. 9, 1950, see section 4

of act Aug. 9, 1950, set out as a note under section 191 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 267.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 195 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES

-HEAD-

Sec. 195. Definitions

-STATUTE-

In this Act:

(1) United states. - The term "United States" includes all

territory and waters, continental or insular, subject to the

jurisdiction of the United States.

(2) Territorial waters. - The term "territorial waters of the

United States" includes all waters of the territorial sea of the

United States as described in Presidential Proclamation 5928 of

December 27, 1988.

-SOURCE-

(June 15, 1917, ch. 30, title XIII, Sec. 1, 40 Stat. 231; Pub. L.

96-70, title III, Sec. 3302(b), Sept. 27, 1979, 93 Stat. 498; Pub.

L. 107-295, title I, Sec. 104(a), Nov. 25, 2002, 116 Stat. 2085.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means act June 15, 1917, ch. 30,

40 Stat. 217, as amended. For complete classification of this Act

to the Code, see Tables.

Presidential Proclamation 5928 of December 27, 1988, referred to

in par. (2), is set out as a note under section 1331 of Title 43,

Public Lands.

-COD-

CODIFICATION

Section was formerly classified to section 40 of this title. In

the original this section defined "United States" as used in act

June 15, 1917. Other provisions of that act were contained in

sections 31 to 42 of this title and certain sections of former

Title 18, Criminal Code and Criminal Procedure. The definition of

"United States" as used in present provisions derived from those

former sections is covered by section 5 of Title 18, Crimes and

Criminal Procedure.

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-295 added introductory provisions, designated

existing provisions as par. (1), inserted heading, struck out "as

used in this Act" before "includes", and added par. (2).

1979 - Pub. L. 96-70 struck out "the Canal Zone and" after "this

Act includes".

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section

3304 of Pub. L. 96-70, set out as an Effective Date note under

section 3601 of Title 22, Foreign Relations and Intercourse.

-End-

-CITE-

50 USC Sec. 196 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES

-HEAD-

Sec. 196. Emergency foreign vessel acquisition; purchase or

requisition of vessels lying idle in United States waters

-STATUTE-

During any period in which vessels may be requisitioned under

section 1242 of title 46, Appendix, the President is authorized and

empowered through the Secretary of Transportation to purchase, or

to requisition, or for any part of such period to charter or

requisition the use of, or to take over the title to or possession

of, for such use or disposition as he shall direct, any merchant

vessel not owned by citizens of the United States which is lying

idle in waters within the jurisdiction of the United States and

which the President finds to be necessary to the national defense.

Just compensation shall be determined and made to the owner or

owners of any such vessel in accordance with the applicable

provisions of section 1242 of title 46, Appendix. Such compensation

hereunder, or advances on account thereof, shall be deposited with

the Treasurer of the United States in a separate deposit fund.

Payments for such compensation and also for payment of any valid

claim upon such vessel in accord with the provisions of the second

paragraph of subsection (d) of section 1242 of title 46, Appendix,

shall be made from such fund upon the certificate of the Secretary

of Transportation.

-SOURCE-

(Aug. 9, 1954, ch. 659, Sec. 1, 68 Stat. 675; Pub. L. 96-70, title

III, Sec. 3302(c), Sept. 27, 1979, 93 Stat. 498; Pub. L. 97-31,

Sec. 12(152), Aug. 6, 1981, 95 Stat. 167.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-31 substituted references to Secretary of

Transportation for references to Secretary of Commerce wherever

appearing.

1979 - Pub. L. 96-70 struck out ", including the Canal Zone,"

after "jurisdiction of the United States".

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section

3304 of Pub. L. 96-70, set out as an Effective Date note under

section 3601 of Title 22, Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 198 of this title.

-End-

-CITE-

50 USC Sec. 197 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES

-HEAD-

Sec. 197. Voluntary purchase or charter agreements

-STATUTE-

During any period in which vessels may be requisitioned under

section 1242 of title 46, Appendix, the President is authorized

through the Secretary of Transportation to acquire by voluntary

agreement of purchase or charter the ownership or use of any

merchant vessel not owned by citizens of the United States.

-SOURCE-

(Aug. 9, 1954, ch. 659, Sec. 2, 68 Stat. 675; Pub. L. 97-31, Sec.

12(152), Aug. 6, 1981, 95 Stat. 167.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-31 substituted "Secretary of Transportation"

for "Secretary of Commerce".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 198 of this title.

-End-

-CITE-

50 USC Sec. 198 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES

-HEAD-

Sec. 198. Requisitioned vessels

-STATUTE-

(a) Documentation of vessels

Any vessel not documented under the laws of the United States,

acquired by or made available to the Secretary of Transportation

under sections 196 to 198 of this title, or otherwise, may,

notwithstanding any other provision of law, in the discretion of

the Secretary of the department in which the Coast Guard is

operating be documented as a vessel of the United States under such

rules and regulations or orders, and with such limitations, as the

Secretary of the department in which the Coast Guard is operating

may prescribe or issue as necessary or appropriate to carry out the

purposes and provisions of sections 196 to 198 of this title, and

in accordance with the provisions of subsection (c) of this

section, engage in the coastwise trade when so documented. Any

document issued to a vessel under the provisions of this subsection

shall be surrendered at any time that such surrender may be ordered

by the Secretary of the department in which the Coast Guard is

operating. No vessel, the surrender of the documents of which has

been so ordered, shall, after the effective date of such order,

have the status of a vessel of the United States unless documented

anew.

(b) Waiver of compliance

The President may, notwithstanding any other provisions of law,

by rules and regulations or orders, waive compliance with any

provision of law relating to masters, officers, members of the

crew, or crew accommodations on any vessel documented under

authority of this section to such extent and upon such terms as he

finds necessary because of the lack of physical facilities on such

vessels, and because of the need to employ aliens for their

operation. No vessel shall cease to enjoy the benefits and

privileges of a vessel of the United States by reason of the

employment of any person in accordance with the provisions of this

subsection.

(c) Coastwise trade; inspection

Any vessel while documented under the provisions of this section,

when chartered under sections 196 to 198 of this title by the

Secretary of Transportation to Government agencies or departments

or to private operators, may engage in the coastwise trade under

permits issued by the Secretary of Transportation, who is

authorized to issue permits for such purpose pursuant to such rules

and regulations as he may prescribe. The Secretary of

Transportation is authorized to prescribe such rules and

regulations as he may deem necessary or appropriate to carry out

the purposes and provisions of this section. The second paragraph

of section 9 of the Shipping Act, 1916, as amended [46 App. U.S.C.

808], shall not apply with respect to vessels chartered to

Government agencies or departments or to private operators or

otherwise used or disposed of under sections 196 to 198 of this

title. Existing laws covering the inspection of steam vessels are

made applicable to vessels documented under this section only to

such extent and upon such conditions as may be required by

regulations of the Secretary of the department in which the Coast

Guard is operating: Provided, That in determining to what extent

those laws should be made applicable, due consideration shall be

given to the primary purpose of transporting commodities essential

to the national defense.

(d) Reconditioning of vessels

The Secretary of Transportation without regard to the provisions

of section 5 of title 41 may repair, reconstruct, or recondition

any vessels to be utilized under sections 196 to 198 of this title.

The Secretary of Transportation and any other Government department

or agency by which any vessel is acquired or chartered, or to which

any vessel is transferred or made available under sections 196 to

198 of this title may, with the aid of any funds available and

without regard to the provisions of said section 5 of title 41,

repair, reconstruct, or recondition any such vessels to meet the

needs of the services intended, or provide facilities for such

repair, reconstruction, or reconditioning. The Secretary of

Transportation may operate or charter for operation any vessel to

be utilized under sections 196 to 198 of this title to private

operators, citizens of the United States, or to any department or

agency of the United States Government, without regard to the

provisions of title VII of the Merchant Marine Act, 1936 [46 App.

U.S.C. 1191 et seq.], and any department or agency of the United

States Government is authorized to enter into such charters.

(e) Effective period

In case of any voyage of a vessel documented under the provisions

of this section begun before the date of termination of an

effective period of section 196 of this title, but is completed

after such date, the provisions of this section shall continue in

effect with respect to such vessel until such voyage is completed.

(f) "Documented" defined

When used in sections 196 to 198 of this title, the term

"documented" means "registered", "enrolled and licensed", or

"licensed".

-SOURCE-

(Aug. 9, 1954, ch. 659, Sec. 3, 68 Stat. 675; Pub. L. 89-670, Sec.

6(b)(1), (2), Oct. 15, 1966, 80 Stat. 938; Pub. L. 97-31, Sec.

12(152), Aug. 6, 1981, 95 Stat. 167.)

-REFTEXT-

REFERENCES IN TEXT

The Merchant Marine Act, 1936, referred to in subsec. (d), is act

June 29, 1936, ch. 858, 49 Stat. 1985, as amended. Title VII of the

Merchant Marine Act, 1936 is classified generally to subchapter VII

(Sec. 1191 et seq.) of chapter 27 of Title 46, Appendix, Shipping.

For complete classification of this Act to the Code, see section

1245 of Title 46, Appendix, and Tables.

-MISC1-

AMENDMENTS

1981 - Subsecs. (a), (c), (d). Pub. L. 97-31 substituted

references to Secretary of Transportation for references to

Secretary of Commerce wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

"Secretary of the department in which the Coast Guard is

operating" substituted in subsec. (a) for "Secretary of the

Treasury" pursuant to section 6(b)(1), (2) of Pub. L. 89-670, which

transferred Coast Guard to Department of Transportation and

transferred to and vested in Secretary of Transportation functions,

powers, and duties, relating to Coast Guard, of Secretary of the

Treasury and of all other officers and offices of Department of the

Treasury, and which provided that notwithstanding such transfer

Coast Guard shall operate as part of Navy in time of war or when

President directs as provided in section 3 of Title 14, Coast

Guard. See section 108 of Title 49, Transportation.

DELEGATION OF FUNCTIONS

For delegation to Secretary of the Treasury of authority vested

in President by subsec. (a) of this section, see Ex. Ord. No.

10289, eff. Sept. 17, 1951, 16 F.R. 9499, set out as a note under

section 301 of Title 3, The President.

ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY OF THE TREASURY

Administrative delegation of functions by Secretary of the

Treasury, see note set out preceding section 3 of the Appendix to

Title 46, Shipping.

-End-