The National Emergencies Act of 1976 governs the declaration of home emergencies by the President. That Act specifically provides that “ no powers or authorities made available by codified for practice in the consequence of an emergency shall be exercised unless and until the President specifies the provisions of law under which he proposes he. .. will act. ” The March 13 Presidential declaration of a national emergency lone invoked health care-related authorities. similarly, the Defense Production Act invocations were narrowly tailored and left the broad range of authorities – including maritime-related authorities – uninfluenced .
The maritime-related extraordinary and overlapping authorities that might have applicability in the stream pandemic cover a wide crop of nautical activities and do not all require a contract of national emergency .
Port and Anchorage Restrictions. A number authorities exist empowering the U.S. Coast Guard and other federal agencies to take steps to prevent the spread of pandemics with respect to vessels in U.S. waters. In addition, there is a law intended to deal with aggregate migrations, 46 U.S.C. § 70051 ( once 50 U.S.C. § 191 ) which could be made to apply in a pandemic situation. Under that law, when there is a declare “ threatened disturbance of the international relations of the United States, ” authorities become available to regulate vessel movements and anchorages including taking full possession and control of vessels to ensure submission.
Navigation and Vessel-Inspection Law Waiver Authority. Almost immediately following the attack on Pearl Harbor, President Roosevelt issued an executive order creating authority to waive “ seafaring ” and “ vessel inspection ” laws if necessary to further war purposes. That executive order was ultimately embodied in a law that exists nowadays at 46 U.S.C. § 501 which permits the issue of waivers when found to be in the “ interest of national defense. ” No home emergency declaration is required to grant a release .
During World War II and the Korean War in especial, this authority was used to waive a number of requirements ranging from load lines, merchant mariner credentials and manning. This legislative act is best known for its habit to issue U.S. coastwise jurisprudence ( Jones Act ) waivers following hurricanes beginning with Hurricane Katrina in 2005 and in connection with Strategic Petroleum Reserve sales in 2011 .
Waivers under this legislative act can be issued by the Secretary of Defense directly or by the Secretary of Homeland Security upon request from another agency or individual person. In the latter case, there must be finding that no Jones Act qualified vessel is available to meet the necessitate in the event the release relates to the Jones Act.
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With deference to requirements that might be waived that are within the horizon of the U.S. Coast Guard, there are regulations at 33 C.F.R. § 19.01 and 46 C.F.R. § 6.01 that describe what must be submitted and to whom .
Vessel Requisition. The U.S. Government has a number of preexistent authorities that permit it to requisition for deed or use vessels to meet national needs. specifically, the U.S. Secretary of Transportation can requisition foreign vessels owned by U.S. citizens, U.S.-flag vessels, vessels under construction in the United States and non-U.S.-flag vessels in U.S. waters. These authorities were first instituted in World War I to deal with a embark capacity crisis .
These requisition authorities can be invoked when specified in a declaration of national emergency. In addition, like the navigation and vessel-inspection release law, the jurisprudence governing vessel requisition can be invoked without a resolution of a home emergency. All that is required is a announcement from the President “ that the security system of the national department of defense ” supports vessel requisitions. basically, the Secretary of Transportation can requisition vessels as needed to meet national requirements provided “ just compensation ” is paid for the vessel or for the period of use. There is besides a mechanism for resolving disputes as to what constitutes “ just compensation. ”
Read more: What is the Maritime Industry?
The U.S. Government besides has classify agency to call up for U.S. Government use U.S.-flag vessels committed under the Voluntary Intermodal Sealift Agreement ( VISA ) program .
Vessel Manning. In accession to the general navigation and vessel-inspection jurisprudence release, there is a particular vessel manning waiver authority applicable to U.S.-flag vessels in the U.S. legislative act ( 46 U.S.C. § 8103 ) that requires that a crew be basically all U.S. citizens. applicable man requirements can be waived in a announced home hand brake identifying this codified or “ when the needs of commerce require. ” It is not clear whether this latter provision has ever been invoked .
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