StatA

§ 193

TITLE 50—WAR AND NATIONAL DEFENSE

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 title,1 or a regulation
prescribed under this title,1 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.
(d) In rem liability
Any vessel that is used in violation of this
title,1 or of any regulation issued under this
title,1 shall be liable in rem for any civil penalty
assessed pursuant to subsection (c) of this section and may be proceeded against in the United
States district court for any district in which
such vessel may be found.
(e) Withholding of clearance
(1) In general
If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty
or fine under subsection (c) of this section, or
if reasonable cause exists to believe that the
owner, agent, master, officer, or person in
charge may be subject to a penalty or fine
under this section, the Secretary may, with
respect to such vessel, refuse or revoke any
clearance required by section 60105 of title 46.
(2) Clearance upon filing of bond or other surety
The Secretary may require the filing of a
bond or other surety as a condition of granting
clearance refused or revoked under this subsection.
(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; Pub. L. 107–295, title I, § 104(b),
Nov. 25, 2002, 116 Stat. 2085; Pub. L. 108–293, title
VIII, § 802(b), Aug. 9, 2004, 118 Stat. 1079.)
REFERENCES IN TEXT
This title, referred to in subsecs. (a) to (d), 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.
CODIFICATION
In subsec. (e)(1), ‘‘section 60105 of title 46’’ substituted
for ‘‘section 4197 of the Revised Statutes of the United
States (46 U.S.C. App. 91)’’ on authority of Pub. L.
109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.
AMENDMENTS
2004—Subsec. (c). Pub. L. 108–293, § 802(b)(1), substituted ‘‘title’’ for ‘‘Act’’ in two places.

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Subsecs. (d), (e). Pub. L. 108–293, § 802(b)(2), added subsecs. (d) and (e).
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.

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 Repealed.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

§ 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.
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.

§ 195. Definitions
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.
(June 15, 1917, ch. 30, title XIII, § 1, 40 Stat. 231;
Pub. L. 96–70, title III, § 3302(b), Sept. 27, 1979, 93
Stat. 498; Pub. L. 107–295, title I, § 104(a), Nov. 25,
2002, 116 Stat. 2085.)
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.
1 See

References in Text note below.

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TITLE 50—WAR AND NATIONAL DEFENSE

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.
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.
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

§ 198

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.

§ 197. Voluntary purchase or charter agreements
During any period in which vessels may be
requisitioned under chapter 563 of title 46, 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.
(Aug. 9, 1954, ch. 659, § 2, 68 Stat. 675; Pub. L.
97–31, § 12(152), Aug. 6, 1981, 95 Stat. 167.)
CODIFICATION

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.

In text, ‘‘chapter 563 of title 46’’ substituted for ‘‘section 902 of the Merchant Marine Act, 1936, as amended’’
on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120
Stat. 1709, which Act enacted chapter 563 of Title 46,
Shipping.

§ 196. Emergency foreign vessel acquisition; purchase or requisition of vessels lying idle in
United States waters

1981—Pub. L. 97–31 substituted ‘‘Secretary of Transportation’’ for ‘‘Secretary of Commerce’’.

During any period in which vessels may be
requisitioned under chapter 563 of title 46, 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 chapter 563 of title 46. 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 section 56305 of title
46 shall be made from such fund upon the certificate of the Secretary of Transportation.
(Aug. 9, 1954, ch. 659, § 1, 68 Stat. 675; Pub. L.
96–70, title III, § 3302(c), Sept. 27, 1979, 93 Stat.
498; Pub. L. 97–31, § 12(152), Aug. 6, 1981, 95 Stat.
167.)
CODIFICATION
In text, ‘‘chapter 563 of title 46’’ substituted for ‘‘section 902 of the Merchant Marine Act, 1936, as amended’’
in two places and ‘‘section 56305 of title 46’’ substituted
for ‘‘the second paragraph of subsection (d) of such section 902, as amended,’’ on authority of Pub. L. 109–304,
§ 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted
chapter 563 of Title 46, Shipping.
AMENDMENTS
1981—Pub. L. 97–31 substituted references to Secretary of Transportation for references to Secretary of
Commerce wherever appearing.

AMENDMENTS

§ 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