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, eff. Sept. 16, 1955, 20 F.R. 7025, set out as a note 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. § 191a. 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 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 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 all other officers and offices of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 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 Reorg. Plan No. 26 of 1950, § 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. Repealed. Pub. L. 96-70, title III, § 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. 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 Inter course. § 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. § 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 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.) 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" preceding "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. 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 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 of section 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. (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 the President to employ such departments, agencies, etc., as he deems 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. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 267. § 195. "United States" defined 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" following "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 Effec tive Date note under section 3601 of Title 22, Foreign Relations and Intercourse. § 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, 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. 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 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.) 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," following "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. § 197. Voluntary purchase or charter agreements During any period in which vessels may be requisitioned under section 1242 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; 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". SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 198 of this title. § 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 Treasury 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 Treasury 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 Treasury. 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 808 of title 46, 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 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, § 3, 68 Stat. 675; Aug. 6, 1981, Pub. L. 97-31, § 12(152), 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 (§ 1191 et seq.) of chapter 27 of Title 46, Shipping. For complete classification of this Act to the Code, see section 1245 of Title 46 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 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 all other officers and offices of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation. §§ 201 to 204. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641 Section 201, R.S. § 5297, provided for Federal aid for State Governments in case of an insurrection in any State. See section 331 of Title 10, Armed Forces. Section 202, R.S. § 5298, related to use of military and naval forces to enforce authority of Federal Government. See section 332 of Title 10. Section 203, R.S. § 5299, related to denial by State of equal protection of laws and authorized the President to take measures for the suppression of any insurrection, domestic violence, or combinations. See section 333 of Title 10. Section 204, R.S. § 5300, authorized the President to issue a proclamation commanding insurgents to disperse. See section 334 of Title 10. § 205. Suspension of commercial intercourse with State in insurrection Whenever the President, in pursuance of the provisions of this chapter, has called forth the militia to suppress combinations against the laws of the United States, and to cause the laws to be duly executed, and the insurgents shall have failed to disperse by the time directed by the President, and when the insurgents claim to act under the authority of any State or States, and such claim is not disclaimed or repudiated by the persons exercising the functions of government in such State or States, or in the part or parts thereof in which such combination exists, and such insurrection is not suppressed by such State or States, or whenever the inhabitants of any State or part thereof are at any time found by the President to be in insurrection against the United States, the President may, by proclamation, declare that the inhabitants of such State, or of any section or part thereof where such insurrection exists, are in a state of insurrection against the United States; and thereupon all commercial intercourse by and between the same and the citizens thereof and the citizens of the rest of the United States shall cease and be unlawful so long as such condition of hostility shall continue; and all goods and chattels, wares and merchandise, coming from such State or section into the other parts of the United States, or proceeding from other parts of the United States to such State or section, by land or water, shall, together with the vessel or vehicle conveying the same, or conveying persons to or from such State or section, be forfeited to the United States. (R.S. § 5301.) CODIFICATION R.S. § 5301 derived from acts July 13, 1861, ch. 3, § 5, 12 Stat. 257; July 31, 1861, ch. 32, 12 Stat. 284. CROSS REFERENCES Extension of this section to Parts of States, see section 206 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 206, 223 of this title. § 206. Suspension of commercial intercourse with part of State in insurrection Whenever any part of a State not declared to be in insurrection is under the control of insurgents, or is in dangerous proximity to places under their control, all commercial intercourse therein and therewith shall be subject to the prohibitions and conditions of section 205 of this title for such time and to such extent as shall become necessary to protect the public interests, and be directed by the Secretary of the Treasury, with the approval of the President. (R.S. § 5302.) CODIFICATION R.S. § 5302 derived from act July 2, 1864, ch. 225, § 5, 13 Stat. 376. § 207. Persons affected by suspension of commercial intercourse The provisions of this chapter in relation to commercial intercourse shall apply to all commercial intercourse by and between persons residing or being within districts within the lines of national military occupation in the States or parts of States declared in insurrection, whether with each other or with persons residing or being within districts declared in insurrection and not within those lines; and all persons within the United States, not native or naturalized citizens thereof, shall be subject to the same prohibitions, in all commercial intercourse with inhabitants of States or parts of States declared in insurrection, as citizens of States not declared to be in insurrection. (R.S. § 5303.) CODIFICATION R.S. § 5303 derived from act July 2, 1864, ch. 225, § 4, 13 Stat. 376. § 208. Licensing or permitting commercial intercourse with State or region in insurrection The President may, in his discretion, license and permit commercial intercourse with any part of such State or section, the inhabitants of which are so declared in a state of insurrection, so far as may be necessary to authorize supplying the necessities of loyal persons residing in insurrectionary States, within the lines of actual occupation by the military forces of the United States, as indicated by published order of the commanding general of the department or district so occupied; and, also, so far as may be necessary to authorize persons residing within such lines to bring or send to market in the loyal States any products which they shall have produced with their own labor or the labor of freedmen, or others employed and paid by them, pursuant to rules relating thereto, which may be established under proper authority. And no goods, wares, or merchandise shall be taken into a State declared in insurrection, or transported therein, except to and from such places and to such monthly amounts as shall have been previously agreed upon, in writing, by the commanding general of the department in which such places are situated, and an officer designated by the Secretary of the Treasury for that purpose. Such commercial intercourse shall be in such articles and for such time and by such persons as the President, in his discretion, may think most conducive to the public interest; and, so far as by him licensed, shall be conducted and carried on only in pursuance of rules and regulations prescribed by the Secretary of the Treasury. (R.S. § 5304.) CODIFICATION R.S. § 5304 derived from acts July 13, 1861, ch. 3, § 5, 12 Stat. 257; July 2, 1864, ch. 225, § 9, 13 Stat. 377. § 209. Repealed. Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 632 Section, R.S. § 5305, related to appointment of officers to carry into effect licenses to trade in State or region in an insurrection. § 210. Penalties for unauthorized trading, etc.; jurisdiction of prosecutions Every officer of the United States, civil, military, or naval, and every sutler, soldier, marine, or other person, who takes, or causes to be taken into a State declared to be in insurrection, or to any other point to be thence taken into such State, or who transports or sells, or otherwise disposes of therein, any goods, wares, or merchandise whatsoever, except in pursuance of license and authority of the President, as provided in this chapter, or who makes any false statement or representation upon which license and authority is granted for such transportation, sale, or other disposition, or who, under any license or authority obtained, willful ly and knowingly transports, sells, or otherwise disposes of any other goods, wares, or merchandise than such as are in good faith so licensed and authorized, or who willfully and knowingly transports, sells, or disposes of the same, or any portion thereof, in violation of the terms of such license or authority, or of any rule or regulation prescribed by the Secretary of the Treasury concerning the same, or who is guilty of any act of embezzlement, of willful misappropriation of public or private money or property, of keeping false accounts, or of willfully making any false returns, shall be deemed guilty of a misdemeanor, and shall be fined not more than $5,000, and imprisoned in the penitentiary not more than three years. Violations of this section shall be cognizable before any court, civil or military, competent to try the same. (R.S. § 5306.) CODIFICATION R.S. § 5306 derived from act July 2, 1864, ch. 225, § 10, 13 Stat. 377. CROSS REFERENCES Offenses punishable by imprisonment for term exceeding one year made felonies, see section 1 of Title 18, Crimes and Criminal Procedure. § 211. Investigations to detect and prevent frauds and abuses It shall be the duty of the Secretary of the Treasury, from time to time, to institute such investigations as may be necessary to detect and prevent frauds and abuses in any trade or transactions which may be licensed between inhabitants of loyal States and of States in insurrection. And the agents making such investigations shall have power to compel the attendance of witnesses, and to make examinations on oath. (R.S. § 5307.) CODIFICATION R.S. § 5307 derived from act July 2, 1864, ch. 225, § 10, 13 Stat. 377. CROSS REFERENCES Authority of any employee of any Department detailed to investigate frauds on the Government, or any official misconduct, to administer oaths to witnesses, see section 303 of Title 5, Government Organization and Employees. § 212. Confiscation of property employed to aid insurrection Whenever during any insurrection against the Government of the United States, after the President shall have declared by proclamation that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person, or his agent, attorney, or employee, purchases or acquires, sells or gives, any property of whatsoever kind or description, with intent to use or employ the same, or suffers the same to be used or employed in aiding, abet |