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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.

8 167m. Individual enterprise in developing helium

It is the sense of the Congress that it is in the national interest to foster and encourage indi. vidual 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.)

8 175. Transferred

CODIFICATION Section, 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, which related to approval of title prior to Federal land purchases, payment of title expenses, application to Tennessee Valley Authority, and Federal jurisdiction over acquisitions, was transferred to section 255 of Title 40, Public Buildings, Property, and Works.

8 167n. Reports

The Secretary of the Interior is directed to report annually to the Congress on the matters contained in this chapter. (Mar. 3, 1925, ch. 426, $ 16, as added Sept. 13, 1960, Pub. L. 86-777, § 2, 74 Stat. 923.)

8 176. Omitted

CHAPTER 11-ACQUISITION OF AND EXPENDI. TURES ON LAND FOR NATIONAL-DEFENSE PURPOSES

CODIFICATION Section, act Mar. 28, 1918, ch. 28, § 1, 40 Stat. 460, authorized acquisition of property on Hudson River owned by North German Lloyd Dock Company and Hamburg-American Line Terminal & Navigation Company and provided that section 175 of this title did not apply to expenditures authorized in connection with such property. The President, by proclamation dated June 28, 1918, took possession of such property.

88 171, 171-1. Repealed. Aug. 10, 1956, ch. 1041, 8 53,

70A Stat. 641

88 177 to 179. Repealed. Aug. 10, 1956, ch. 1041, 8 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 Secretary of War to insti. tute condemnation proceedings for acquisition of land, to purchase land, and to accept donations of land. See 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 Secretary of Navy. See sections 2663 and 2668 of Title 10.

Section 177, act June 25, 1906, ch. 3540, 34 Stat. 463, related to contracts for 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. See 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.

8 171a. Omitted

CHAPTER 12–VESSELS IN TERRITORIAL

WATERS OF UNITED STATES

CODIFICATION Section, act July 2, 1917, ch. 35, $ 2, as added Mar. 27, 1942, ch. 199, title II, $ 201, 56 Stat. 177, related to acquisition of real property during war, and terminat. ed on Dec. 28, 1945 by act Mar. 27, 1942, ch. 199, title II, $ 202, as added Dec. 28, 1945, ch. 590, $ 1(a), 59 Stat. 658.

8 171b. Repealed. Pub. L. 85-861, 8 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 exceed. ing $5,000 in cost. See section 2672 of Title 10, Armed Forces.

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. 1916, 1910. Repealed. 192. Seizure and forfeiture of vessel; fine and im

prisonment. 193. Repealed. 194. Enforcement provisions. 195. "United States" defined. 196. Emergency foreign vessel acquisition; pur

chase 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.

88 172, 173. Repealed. Aug. 10, 1956, ch. 1041, 853, 70A

Stat. 641

Section 172, act July 9, 1918, ch. 143, subch. XV $8, 40 Stat. 888, related to acquisition of property for pro. duction of lumber. See 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 bar. racks in addition to sites for fortifications.

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

(June 15, 1917, ch. 30, title II, § 1, 40 Stat. 220; Aug. 9, 1950, ch. 656, § 1, 64 Stat. 427; Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038; Oct. 15, 1966, Pub. L. 89-670, $ 6(b)(1), 80 Stat. 938; Sept. 27, 1979, Pub. L. 96-70, title III, $ 3302(a), 93 Stat. 498.)

191. Regulation of anchorage and movement of ves

sels during national emergency

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.

AMENDMENTS 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 insti. tute 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.

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 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

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, § 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.

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."

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.

See References in Text note below.

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.

8 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. See section 91 of Title 14, Coast Guard.

8 192. Seizure and forfeiture of vessel; fine and im

prisonment

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,' or obstructs or interferes with the exercise of any power conferred by this title,' 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 title, or knowingly obstructs or interferes with the exercise of any power conferred by this title, 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.)

1

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.

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" 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.

REGULATIONS-WORLD WAR I A proclamation was issued under this section on December 3, 1917.

TRANSFER OF FUNCTIONS “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, and section 1(r) of Ex. Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, set out as notes under section 301 of Title 3, The President.

CROSS REFERENCES 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 18 section 2277; title 42 section 267.

8 1919. Transfer of Secretary of Transportation'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 Transportation 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; Oct. 15, 1966, Pub. L. 89-670, $ 6(b)(1), 80 Stat. 938.)

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 14 of Title 18, Crimes and Criminal Procedure.

TRANSFER OF FUNCTIONS “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.

8 191b. Repealed. Pub. L. 96-70, title III, 8 3303(a)(5),

Sept. 27, 1979, 93 Stat. 499 Section, acts 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, 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.

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

See References in Text note below.

$ 193. Repealed. June 25, 1948, ch. 645, 821, 62 Stat.

862

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.

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. 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.

8 194. Enforcement provisions

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 (June 15, 1917, ch. 30, title II, § 4, 40 Stat. 220; Aug. 9, 1950, ch. 656, § 2, 64 Stat. 428.)

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.

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.

8 196. Emergency foreign vessel acquisition; purchase

or requisition of vessels lying idle in United

States waters 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. (Aug. 9, 1954, ch. 659, § 1, 68 Stat. 675; Sept. 27, 1979, Pub. L. 96-70, title III, § 3302(c), 93 Stat. 498; Aug. 6, 1981, Pub. L. 97-31, § 12(152), 95 Stat. 167.)

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.

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

8 195. “United States" defined

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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 198 of this title.

The term “United States" as used in this Act includes all territory and waters, continental or insular, subject to the jurisdiction of the United States. (June 15, 1917, ch. 30, title XIII, § 1, 40 Stat. 231; Sept. 27, 1979, Pub. L. 96-70, title III, $ 3302(b), 93 Stat. 498.)

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.

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 sections 5 and 14 of Title 18, Crimes and Criminal Procedure.

AMENDMENTS 1979–Pub. L. 96-70 struck out “the Canal Zone and" after "this Act includes".

§ 197. Voluntary purchase or charter agreements

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 vol. untary agreement of purchase or charter the ownership or use of any merchant vessel not owned by citizens of the United States. (Aug. 9, 1954, ch. 659, § 2, 68 Stat. 675; Aug. 6, 1981, Pub. L. 97-31, $ 12(152), 95 Stat. 167.)

AMENDMENTS 1981–Pub. L. 97-31 substituted "Secretary of Transportation" for "Secretary of Commerce".

See References in Text note below.

SECTION REFERRED TO IN OTHER SECTIONS

extent and upon such conditions as may be reThis section is referred to in section 198 of this title. quired by regulations of the Secretary of the

department in which the Coast Guard is oper8 198. Requisitioned vessels

ating: Provided, That in determining to what (a) Documentation of vessels

extent those laws should be made applicable,

due consideration shall be given to the primary Any vessel not documented under the laws of

purpose of transporting commodities essential the United States, acquired by or made avail.

to the national defense. able to the Secretary of Transportation under sections 196 to 198 of this title, or otherwise, (d) Reconditioning of vessels may, notwithstanding any other provision of The Secretary of Transportation without law, in the discretion of the Secretary of the regard to the provisions of section 5 of title 41 department in which the Coast Guard is oper. may repair, reconstruct, or recondition any vesating be documented as a vessel of the United sels to be utilized under sections 196 to 198 of States under such rules and regulations or

this title. The Secretary of Transportation and orders, and with such limitations, as the Secre

any other Government department or agency tary of the department in which the Coast

by which any vessel is acquired or chartered, or Guard is operating may prescribe or issue as

to which any vessel is transferred or made necessary or appropriate to carry out the pur

available under sections 196 to 198 of this title poses and provisions of sections 196 to 198 of

may, with the aid of any funds available and this title, and in accordance with the provisions without regard to the provisions of said section of subsection (c) of this section, engage in the 5 of title 41, repair, reconstruct, or recondition coastwise trade when so documented. Any docu

any such vessels to meet the needs of the servment issued to a vessel under the provisions of

ices intended, or provide facilities for such this subsection shall be surrendered at any time repair, reconstruction, or reconditioning. The that such surrender may be ordered by the Sec

Secretary of Transportation may operate or retary of the department in which the Coast

charter for operation any vessel to be utilized Guard is operating. No vessel, the surrender of

under sections 196 to 198 of this title to private the documents of which has been so ordered,

operators, citizens of the United States, or to shall, after the effective date of such order,

any department or agency of the United States have the status of a vessel of the United States

Government, without regard to the provisions unless documented anew.

of title VII of the Merchant Marine Act, 1936 (b) Waiver of compliance

[46 App. U.S.C. 1191 et seq.), and any departThe President may, notwithstanding any ment or agency of the United States Governother provisions of law, by rules and regula

ment is authorized to enter into such charters. tions or orders, waive compliance with any pro- (e) Effective period vision of law relating to masters, officers, mem

In case of any voyasi of a vessel documented bers of the crew, or crew accommodations on any vessel documented under authority of this

under the provisions of this section begun

before the date of termination of an effective section to such extent and upon such terms as

period of section 196 of this title, but is comhe finds necessary because of the lack of physical facilities on such vessels, and because of the

pleted after such date, the provisions of this

section shall continue in effect with respect to need to employ aliens for their operation. No

such vessel until such voyage is completed. vessel shall cease to enjoy the benefits and privileges of a vessel of the United States by (f) “Documented" defined reason of the employment of any person in ac

When used in sections 196 to 198 of this title, cordance with the provisions of this subsection.

the term "documented” means “registered”, (c) Coastwise trade; inspection

"enrolled and licensed", or "licensed". Any vessel while documented under the provi- (Aug. 9, 1954, ch. 659, § 3, 68 Stat. 675; Oct. 15, sions of this section, when chartered under sec- 1966, Pub. L. 89-670, $ 6(b)(1), (2), 80 Stat. 938; tions 196 to 198 of this title by the Secretary of Aug. 6, 1981, Pub. L. 97-31, § 12(152), 95 Stat. Transportation to Government agencies or de- 167.) partments or to private operators, may engage in the coastwise trade under permits issued by

REFERENCES IN TEXT the Secretary of Transportation, who is author

The Merchant Marine Act, 1936, referred to in ized to issue permits for such purpose pursuant subsec. (d), is act June 29, 1936, ch. 858, 49 Stat. 1985, to such rules and regulations as he may pre- as amended. Title VII of the Merchant Marine Act, scribe. The Secretary of Transportation is au- 1936 is classified generally to subchapter VII ($ 1191 et thorized to prescribe such rules and regulations

seq.) of chapter 27 of Title 46, Appendix, Shipping. as he may deem necessary or appropriate to

For complete classification of this Act to the Code, see

section 1245 of Title 46, Appendix, and Tables. carry out the purposes and provisions of this section. The second paragraph of section 9 of

AMENDMENTS the Shipping Act, 1916, as amended (46 App. U.S.C. 808), shall not apply with respect to ves

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

references to Secretary of Transportation for refersels chartered to Government agencies or de

ences to Secretary of Commerce wherever appearing. partments or to private operators or otherwise used or disposed of under sections 196 to 198 of

TRANSFER OF FUNCTIONS this title. Existing laws covering the inspection

"Secretary of the department in which the Coast of steam vessels are made applicable to vessels Guard is operating" substituted in subsec. (a) for “Secdocumented under this section only to such retary of the Treasury” pursuant to section 6(b)(1), (2)

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