
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC198]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
       CHAPTER 12--VESSELS IN TERRITORIAL WATERS OF UNITED STATES
 
Sec. 198. Requisitioned vessels


(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''.

(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.)

                       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.


                               Amendments

    1981--Subsecs. (a), (c), (d). Pub. L. 97-31 substituted references 
to Secretary of Transportation for references to Secretary of Commerce 
wherever appearing.

                          Transfer of Functions

    ``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.
