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U.S. Code as of:
01/19/04
Section 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".
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